like you make a decision on this mcd, which is different from the waterfall, although mr. shepis currently part owner and whether or not the commission would approve this prior to making a decision. >> their issue is about change of ownership, right? >> that is correct. >> what is the basis of that? are those typical approved? what is the issue? >> i think when there is a change of ownership, they need a new hearing. >> i have a follow-up question. does that require it to come back us to in any way? >> no. if we didn't have the hearing dph would move forward on change of ownership? >> if this was not going to be in the vicinity, i don't think that they would be waiting. >> so for me, this is not -- norman yee's legislation in a

vacuum. it's an issue. >> [ inaudible ] [ >> staff, is the health department here? -ryan, yes >> good evening, ryan program manager of medical cannabis dispensary. i would be happy to answer questions. the waterfall wellness went through chain of owner shapbecause some shep is not involved and triggerered a change of ownership and they have a director's hearing. we are waiting for the decision made for you today so we can have both at the same time and

decide at that time if we're going to allow both locations, one location, no locations throughout. director aragon will decide that. >> what are you considering usually in your hearings? >> operation. we look at the security plan. we look at the history. we look at the business structure. if there is a past history? we'll consider that. we'll look at most of the time, they have been approved in the past, there hasn't been a long -- there hasn't been many that have just sailed through that have not sailed through the process and that is why we wanted both, since they are so linked together, we would like to hear them together at the same time. >> thank you. >> i'm sorry to put you in an uncomfortable situation but that is the reason why. >> is clustering one of your considers? >> it's not one of ours.

it's a planning commission consideration. >> i guess i'm confused if the other dispensary that mr. shep was involved in and assuming that was a fine track record -- i don't know what is going to happen, but i guess i'm not really understanding how the two are really linked. the hard thing for us, we make the decision on the planning stuff and you make the decision on the legality or permit stuff and if there is no reason to believe -- like from a planning commission issue, there is not an issue. and if you had a problem at dph, we might have a problem, if we're looking reflect future for legislation that doesn't exist yet. i guess i'm not really sure what difference this hearing makes on your position. and i guess, maybe -- i am not trying to be complicated

here, but i just wonder. >> again, i attend your hearings and want to know what is going to happen with the future of applications. the hearings are triggered by your approval. if they are not approved tonight they will not be on the calendar for the 14th, but waterfall wellness will be heard on the 14th. >> if cluttering is not a consideration, because this project sponsor is living and doing a new collective, >> this one in particular, the nature of a transfer of ownership, the transfer happened in early february and normally we would have the first hearing, but director of

public health richard lee decided that we should hear them together, since they are going to be right next to each other and let you decide if this project goes forward and we'll decide in the permit is issued. i'm sorry, that is all i can say. >> thank you. commissioner hillis. >> can you stay for one second, sir? we have a clustering issue. it's an issue that has been brought up. we have endorsed legislation to respond to clustering. i think we want to expand where mcds are. we have reduced -- we have recommended that the board reduce the 1000' limit to 500', when i had to hear from my kids' fellow parents at school. so clustering is an issue for us, regardless of the

supervisor's legislation, it has always been a issue for us here. we want to know the answer, are you going to approve one, which then would affect us, because then there are no three instead of two? >> the director will take the consideration of the board. i don't think -- we're working with supervisor yee's office and i attend both meetings on the business and the land use meeting last week as well. so i have collected all of that information and reported it back to my superior. >> so director is planning to rule and if we continue this, the director is going rule on whether the change of ownership of wellness? >> i think we have continued to three months. we have waited kind of for the decision here. i would have to report back. to come to some resolution so we can make our decision based

on operational. >> you can make that decision now? you can make an operational decision now regardless of what we do, if we continue this or don't do anything or approve or deny it, you are going to have to make that decision. we don't know the operations. >> true. >> of these mcds, we want to give more access in different neighborhoods and not have them clustered, but you can make the operational decisions. >> the waterfall wellness is operating legally of the so they are allowed to open during the transition period and since their permit is -- [speaker -- [speaker not understood] if their permit is denied at the hearing they will have to close immediately. >> commissioner moore. >> the clustering legislation being legislation, we are still basically trying to find

additional locations under slightly changed rules. where can we have mcds? where can't we have mcds? and we went through the difficult discussion that got commissioner hillis' parents asking, but we still have that policy discussion. >> i feel like there is a disinclination -- i mean i don't know on the part of the health determine department -- i'm infering to have all of these locations in a block. but we don't have any information from which we get to class. we're looking at one particular case and i don't know anything about the other case. so i'm not making a decision that one is better than the ether, because i don't know that. that is what i think is hard

and maybe that is where some the tension is coming in the room, because if there is a predisposition not to have both, then essentially us making a choice may influence that outcome. so that is kind i'm not sure what is going on here, but that is what it's sentenceding like to me. >> in light of the fact that we have been advised that you shouldn't continue it on that basis, it seems to me you are looking at this as any other mcd on its own merits at this point of time and you have to decide whether it meets the

criteria. it's up to you decide on the particular merit of this proposal. >> thank you, that is helpful. >> commissioner moore. >> i would actually support what the director says as guidance. i have not heard anything extraordinary to put me in the position of not asking for support of this application. if neighborhood organizations would have come out and told us why not, i would have said, let's think about this. but all we have heard is basically economic and competition-based arguments which are really not part of what we are taking into consideration. so i move to approve not to take dr and

approve with conditions. >> it actually says -- >> can i ask staff to clarify the recommendation? >> yes, the recommendation is to take discretionary review and approve the mcd with conditions. >> excuse me. >> there was discrepancy. >> thank you. >> second. >> commissioner hillis. >> i'm going to vote no. i think -- like we don't put blinders on. clustering was an issue that led to that policy. so clustering has been an issue and it's aye an issue here and it's an issue that we limit where the green zone inpt. we have tried to expand it and

also try to limit clustering. i would like to continue this some time in june and wait to hear what the health department says because that will impact clusterg regardless of the proposal. >> commissioner sugaya. >> i'm going to vote against the motion too. i think clustering is an issue as commissioner hillis has said and we can exceptional circumstances since one is 500 feat and another 1' and this is exactly what we were talking

about here. by reducing the distances to rec centers and that kind of thing. while at the same time, trying to address the issue of having mcds all clustering together. so i al not saying that i would vote to continue it based on supervisor yee's legislation. but i think a continuance. so i would like to hear from the neighborhood organizations. i would like to hear perfect all of the groups that are listed in this staff report as to whether they like it, don't like it? think it's okay? have a neutral position or whatever? because i don't want to have a vote one way or the other, and then it goes to the board of supervisors and all of the neighborhood groups come out and say oh, we didn't have a chance to talk to the planning commission about it. so i am very nervous about that, especially given the

other situations that we have been in. >> i am thinking out loud and seeing that commissioners have made their preferences known, i think i would prefer a continuance, because i don't want to - if the effort to make sure there is access to medical care, if dph decided to close waterfall wellness, then there would only be one on the corridor and maybe one serves the corridor. but i feel like the community has come out to tell us that they prefer two. i think we heard that when we heard the legislation and so i just wanted to put that out here. >> commissioner hillis, was that a commotion to continue? >> yes. >> can we have a date? >> sure. >> second. >>

when is the dph hearing scheduled for ? >> mid-mai. may. >> it might be good to hear from dph when the decision and any such decision might be appealable. >> it could possibly come back as cu? >> yes. depending if dph denies change of operation, then they wouldn't actually need a conditional use authorization, because wouldn't be within 500'. ryan, why do you think the decision will be wednesday? >> the second wednesday and decisions will be made immediately, 1:00 on the 14th. >> i want to ask would dph continue -- does dph -- can you say if dph is planning to

hear the wellness center issue on the 14th? >> yes, we will i apologize for putting you in a awkward position from dph. >> so that is may 14th? >> may 14th. second wednesday, correct? >> okay. >> thank you. >> president wu. >> i want to clarify for the public, i have to vote for the continuance, because we don't have enough votes. so basically it's forcing, based upon the preference of other members, we have to continue it. >> for the benefit of the public, a motion to continue takes precedence over the motion to take dr and approve the project ultimately. but you wouldn't have enough votes to approve the project tonight. >> because you need four votes to take dr and approve the project with the conditions.

there is say motion on the floor to continue, we just need to get a date. may 22. motion and second to continue to may 22nd on that motion, commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commission president wu. >> aye. >> so moved commissioners and that motion passes unanimously 5-0. >> to staff, to work with the neighborhood groups to see if they wouldn't come up with a position in the next 2-3 weeks. maybe it's asking too much, but they have known about this information. >> i can reach out to the community groups and ask them what their position is supporting it or neutral? >> thank you, tell them we're asking them. >> i will do that. >> commissioners, if there is nothing further on this matter, that will place you on public comment and i have no speaker

cards. >> any general parkway public comment? >> seeing none, general public comment is closed. meeting adjourned. leaders. >> hi everyone i'm patrick the

director of earthquake safety forever for the stoifbl and we have the ryan white fair to teach people about the made sure soft story ordinance and connect them with the services they need you can save thousands of lives and if those buildings are rooiftd people will be allowed to sleep in their own beds while the city is recovering. >> we're here at the earthquake ryan white center for people to comply with the ryan white or do a ryan white on their property

to connect with the resources they need. i came here wondering what to do as a owner of an apartment building moderate to comply with the must rules that went into effect last year >> we don't want to go to 10 different events people said so we advise people of the event. so we try to be incentive not everyone is going to be able to come 0 so this fans the afternoon and the einstein >> i've decided to be here it's amazing to see all those people's here it's critical to be prepared and to recover from

disasters as finishing as possible. >> i've been to a lot of shows and this one was a trufk turnout a. >> since the structure the building represents the super structure the lower part of this particle on the buildings on the corner they shack quite a bit. >> so for the floors above as shaking that top floor is fog go-go have no more mass and we saw in 1984 more structure destruction where we're ryan white this by adding a steel frame typically you want to brass in both directions and see how strong the building is. >> we've adapted a thirty year

implementation program i worry about that was a retrofit requirement this is what we do to mitigate the shom and have's evacuation for the people and our partners. i had questions about what kind of professionals are involved in this i want to start to put together a team of people to help me get through this. i'm a structural engineer and i'm thrilled at the quality of the contractors and engineers >> we've taken one civic awesome and put all the vendors in one place. >> you have financing and engineers and contractor and they come here and every we're

rebuilding are that the office of the city of administer and the depth thought i environment and other partners. >> all those things one little piece of a resilient piece of - >> and i felt more positive about things i thought about how to pay for this. >> we didn't want to have one financing option it didn't work. >> we found information about financing they are different options for different types property owners. >> we've seen them offering financially and a pool of styles for a complicated way of saying

they'll be able to pay back their loans over the next two years. >> we have 3 options and secondly, to get a loan for the ryan white and the third becoming in the past program participants in that. it is encouraged along coastal easier where we have set time like sand and a high water table to a cause the sand to shake i'm going to get this visitation on the same bridge you'll see the water come to the surface this knocks the foundation over and pushes out the ruptured pipeline

>> it is intimidating i'm talking to people as a layman who needs help. >> this is a difficult process for people to navigate we're only focused on outreach so we've got the informational and we've spoken to many different owner groups and community groups all across the city. >> outreach is critical for the retrofitting program the city has to get out to the community and help people said what they have to do and do it and raise finances so this program is an advocate and resource for the community. >> so why not skip to the

theme. foremost and most to come we've been presenting community meetings and going face to face with community owners and helping people understand what to do >> you may be wanting to know about the sf green but this will allow you to have is a loan for the property so if you have the property the loan will be summoned by the new owner and this is pay back for your property taxes and the low rates this is a fantastic option. >> i'm in favor of the program obviously we're going to have a earthquake this is from an investment stewardship. >> after a few minutes with folks even if you don't agree

you understand the concept. >> we've talked about being able to do this now we're going to be forced to do this it's a good thing but to pay for it. >> it's not only protecting their property but every dollar is for mitigation it truly is protecting our investment overall the city. >> it's the right thing to do. you can look at the soft story building and theirs like the buildings that collapsed in the earthquake and your shufrtdz to see this >> people are getting caught to get this done and if people can find a place in our homes of shelter it will keep people in

their homes. >> together we'll work out of getting out of 0 disaster and making the community bringing back to what we love. >> as a level of folks we've talked about we make recommendations to make everyone mitigated their soft story problems no other jurisdiction has tried to tackle this ordinance and we're set to have our program complete by 20/20. >> the quality of the people are here because of the leadership. >> it's a great conversation statewide how to do this and i can only stress this enough if

we didn't have the community of the san franciscans that are concerned people, you know, talking about our financing is options and our engineering requirement if you altercated all our work it's consensus driven to provide options we don't have one path but one relative for people to get there. >> it's been an excellent consumption of the services i think i'm going to need if i go through this yeah, i'm very