pattern there's a radish if we're saying we need to have a 25 percent rear yard i checked with my architect we can chop that but to say that the neighborhood pattern to have a courtyard in the middle there's no other home we want to have the 25 rear yard that's follow the code as commissioner moore that understands we can do p that otherwise we're chopping this random before mely i'm personally offered to drop it to 8 feet height is a person in a wheelchair is that okay. we've done i don't know how many shadow shoes it showed they're absolutely no impact

>> i want to know if you're receptive to some shaving of the middle section to get this finished today. >> it's finished. >> i'm sorry. it's finished the motion failed and he has the project i'm not going to vote for a continuance. >> okay, sir let see. >> commissioners a motion and acceptance on the floor to continue the matter and to continue working on the design is there a date specific commissioner moore. >> continued definitely. >> commissioner antonini. no >> commissioner borden. >> no. that commissioner hillis. commissioner sugaya. commissioner fong >> no. president fong. no >> that motion fails 2 to 5 is

there an alternative motion there is no alternative motion it will be approved in its current form. >> thank you, commissioners shall we move on to the next item it is item 15 for the next case at the 1423 ocean avenue a mandatory discretionary review on may 1st time f first, the commission continued the matter to this date by a vote of 5 to zero and commissioner antonini upper recused and commissioner antonini i recommend you request that recall again and president fong in order for you to participate in today's hearing you have to acknowledge you've reviewed the materials. >> yes. i was planning to

participate pending a communication with the city attorney but there is still a little bit cloudy i'm no longer the owner of any dental practice, however, 0 over $100 to the practice an outside contractor so this is a gray area in my mind and until we get complete clarification i'm going to have to ask for a rue recall guarantee again, today. >> so moved. second. thank you commissioner hillis. commissioner antonini. commissioner borden >> commissioner hillis. commissioner moore. commissioner sugaya. and commissioner president wu. so moved, commissioners, that motion passes unanimously 6 to zero. commissioner fong >> i was absences at the

leasing last hearing and had the ability to look at it on line and prepared to take action. >> i believe there's a request to make a statement. >> good afternoon, commissioners we were just informed today that the public health department has made a question on the developer and granted a permit through the change of ownership we request that item 15 the discretionary review on ocean avenue be continued to the commission can include and consider supervisor yee's legislation on the developer clustering the supervisor is not against the applicant but we're incentive to the clustering of the cannabis dispensaries on motioning

mission avenue. >> commissioner sugaya i wish the city attorney were here i have a procedural question maybe staff know the answer. since this is pending as has been pending for awhile even if supervisor yee's legislation going into effect if we delay it again, this time the ordinance passes does that apply to our action or not? in other words, would we have to apply the 5 hundred i think it's the 5 hundred rule >> if we continue it to a future date the new legislation is in effect we would have to - >> that's the governing protective at that point. >> we'll have to follow the

law. >> i have to follow the law at the time. >> thank you. commissioner borden >> so right now it's at the mandatory discretionary review but the applicant has to file a new application it's a different process now. >> so there's no cu on file. >> if we continue it will they have to file a new cu and they wouldn't be heard that date anyway. >> the department will have to take it in and review it as a conditional use. >> so continuing it basically is definite for all intents and purposes so they'll have to file a new application. >> i believe that's right it requires a 20 day notification

period as well. if the new legislation requires this facility to be a conditional use there's a new applications that needs to be made >> commissioner hillis. >> just another question procedural the public health department has made a ruling, you know, and agreed to for the change of ownership is it appealable. >> yes. to the board of appeals and from the ryan health inspector the respondent plans on appealing the decision saw that's also pending, you know, so i support a continuance for both of us clustering is an issue regardless of the cu process is in place or not i

don't know if we can make that motion i move to continue. >> i would recommend you continue it to the date. >> what day. >> on the 13. >> jonas is looking. >> i recommend to july 7th. >> and that's enough for the appeal and decision. >> i'm sorry when don't the new legislation take fiscal there june 13th to by the time if he continue it to july 17th. >> not if it's not in

existence. >> i'll second that. >> commissioner sugaya. >> i was going to say it changes previously the perimeters of our decision that's no longer exiled vs. necessary and desirable so it's a little different consideration to give to the impractical the same issue. >> commissioner borden this whole thing is difficult i feel like we're exercising a preference and not trying to experience a preference it's a strange situation we're being put in we don't center a basis on or about clustering we're put in the middle of discussions if there is no only one which one is the right one we want to have the public health department to kind of make the decision and

i'm not clear if the proving because they looked at some of the ways the actors were involved with the facilities and so i really don't like the situation that we're put in because i feel like they're the people that make the determination based on the history and ours is the youth clustering issue that may or may not strike to those other things you're talking about. so i feel a little bit frustrated by that situation but it's created a situation where, you know, dissension and fighting within the community that shouldn't have to happen i don't have an answer but that's a frustration i expressed at the last hearing >> commissioner moore. >> i will share the sentiments

we were also part of the formulating policy of finding new and forward-looking rules for mcd locations and this is now coming up it's a difficult situation. >> commissioners there's a motion and second on the floor to continue the matter to july 17th, however, i recommend public comment. >> open this up for public comment. >> and this is going to be comment only on the matter of continuance. >> i'm gregory the sponsor i'm the permit holder of waterfall. and the reason why i went to the new locations to be compliant with stay and state law waterfall is not within one thousand foot of a school that's

why we decided to move and caused the conflict in - i'm sorry you are either for or against the continues >> i'm book and i'm waterway fatal and moving up the street. >> good evening. i'm georgia robert opposite the continues the applicant didn't agree to the continuance has been continued over a year and he's followed all the rules and paid rent and there is no proper grounds for continuance at this point. had the board of supervisors wanted to stop ail projects in the pipeline they could have

adapted an ordinance to opposes the interim zoning rules but choose not to. when this hearing took place angle over 3 weeks ago at that time contrary to the city attorney the matter was continued so that a lay which is not in effective could come into effect and delay the project we see no valid basis for doing so your obligation as decision makers make that hard for you and they've done everything moved this forward and tonight is the time it might be uncomfortable but to not delay fundamentally unfair and have a room full of people that have

been waiting for hours to be heard they came last time and that's not easy to wait for hours and come down here only to have it continued because you are in an uncomfortable pougs but that's not the applicants fault we ask you deny the motion and here decide it >> thank you. next speaker, please. >> commissioners and ladies and gentlemen, thank you for allowing me to imempathetic tell me i'm against it. in an arena like many other areas ever life there are good and bad guys the applicant greg shep is the benchmarks for more

than a good guy this is in the pipeline for many years i've been here since 2 o'clock i understand your concerns, however, the clustering alluded to say not law today. and i'm not familiar with other kinds of situations where decisions and adjudicators are made on a possible law that may or may not happen. so i iceberg you in all fairness to hear this issue today with today's laws. thank you. >> thank you. >> thank you. next speaker, please. >> whoever is ready. >> i'm robert the long term

resident in the ocean area i agree with continuing this matter because as it stands the new mcd will be at the third mcd and ocean avenue with the existing mcd waterfall wellness and the decision was made we don't know the outcome of this appeal with waterfall wellness telling you but this commission itself passed the anti clustering law ordinance i believe april 1st. and then things take time it had to go to the board of supervisors and takes thirty days to go into effect but the previous speaker said it may or may not go into effect it will go into effect on june 13th

>> sir this is the continuance. >> and vote for the continuance and the other point i know you've been here since 2 o'clock too but i walked up and down the stairs i several times but once you make the decision we at ocean avenue would be stuck with two forever so the four hours doesn't compare to that. >> it's difficult but speak to the continuance only and not the project. >> i'll try to speak to the continuance i oppose it i think in all fairness this project has been in the works for over a year and there's special considerations and the ruling from dpw today is lapd on policy levels that we can speak to

later but i urge you to toouths the merits of this project as well as the clustering today and moved today on its good merits. >> hello commission. gregory and christen have's an pa a class above any other dispensary in my opinion they've proven themselves to the city as being responsible and met all the qualification of the discretionary review. to pass a continuance is effectively to deny the discretionary review and force them into a different process. you have to enforce the law as it is today you can't enforce the law it might be exist many the future it's a miscarriages

of justice a denial of a petition it will be harming the city and people of the city and harming perfectly innocent people that have followed the procedures there's no basis for the continuance thank you very much. >> hi commissioners i'm picking up u paul i strongly oppose the continuance it has to do with the ways the law is today and also the reason this new dispensary book is being moved up it's more sxhient with the federal and state law within a thousand feet when the feds come in and closings down the dispensaries and closed them

greg started look for cinnamons. this is i strongly oppose is and greg is one of the best players out there i've known greg a long time ago, i stood beside him with another dispensary you approved. i strongly oppose the continuance move in his favor today >> commissioners i'm christen i urge you to hear this project today and not continue it i want more he be from the neighborhood and you wanted 80 us to do more outreach so, please hear us today. thank you >> shawn with the continuance

i'll spare the details this will not be easier to decide to please make the decision today. thank you >> my name is suing i'm the director with the balboa association i've waited here i was here on may one i vote for continuance i think this legislation serves a chance we have two mcds one that was grandfathered ♪ 2005 this huge business it does back in 1944 we had the waterfall wellness they center a thrilling business this would be less 5 hundred feet away so there're location is really due

the legislation and they've worked hard and deserve the legislation i'm for the continuance. >> hi i'm steven cramer crane i'm an activist i live in district 6 they've closed the dispensaries in my district because of the law. now the owner who has sported me, i'm terminating i will i'm a sick person why am a i standing here why do you wait until the end of the day it's wrong and now you're talking about someone who is a bad player they're the public health department t is giving him a permit its way

before the anti clustering law united states push comes to shove like the excelsior district what you call the clustering law their clufrd in my neighborhood looked what happened are you for the federal government coming in and shutting our places down it's wrong. you know, so really think hard before you have us wait all day think about the people that are not in good health it's not right and i want you to not continue it but here it today i've been here several times please hear it >> thank you. >> thank you. next speaker, please. >> my name is carl listen from the ocean avenue area enside terse i'll ask you to vote for

the continuance i'm strongly opposed to the clustering on ocean avenue we've struggled to improve the ocean avenue i've struggled for that thirty years this is a step backwards. i was disappointed that the public health department proved the waterfall i think it's not run well, the dispensary for those who need the particular place >> ma'am, on the continuance only. >> 28 other items please continue this. >> good afternoon. my name is a jonathan i'm a waterfall wellness act of love on patients i'm basically here to speak against the continuance because it's all the matter of your jobs to come up with a solution to

come up with a decision and i think we've had a if i continuances already we could going and continue again and again and we've had some sections here we go where we've had a large amount of people from the neighborhood saying from the neighborhood it didn't seem to be all that much today so this is going to go on and on so come up with a decision on this today waterfall well thinks n is wonderful there's a clientele for the developer and everything is in compliance so

give them the permit so we can continue on with our lives thank you. >> good evening, commissioners i'm dan weaver with the ocean avenue organization we are the community benefits district on ocean avenue. i'm not allowed to say the nice things about book we favor anti clustering legislation we're carrying more than our share i favor a continuance. thank you. >> handsome commission i'm harding from the excelsior district if you guys noticed 3 dispensaries were approved in the area and this area has completely changed. honestly, i can't walk down the

block >> sir on the matter of continuance. >> i strongly urge you guys to look at the clustering it's ruining the community. i feel like if you guys make a decision today it would be changing the neighborhood into something it should not be it's perfectly fine the way it is now you guys continue it >> thank you. next speaker, please >> my name is oscar i was born in san francisco. i'm also a veteran and i'm against this continuance i feel it's unjust as a veteran. i was in the military for my rights and if you do not go by the existing law our violating my rights as an american please

i'm begging you >> thank you. next speaker, please >> good evening, commissioners. i know it's late this is very important. to everyone including our neighbors i agreed for a continuance i'm an advocate for the youth and minor i strongly oppose the clustering i'm in favor of the anti clustering legislation. there are 28 mcd in san francisco medical patient can do well, and be serviced kaiser permanente serves one hundred and 40 thousand patients thank you very much >> thank you.

>> good evening i want to say i'm against the continuance because expo fact to law you shouldn't be used no determining the law it should be on the present law and detailing means our judging them but a standard that's not in force yet that's not a good thing. thank you >> yes. good evening. i'm for the continuance i'm a san franciscan i'm coming from a funnel and raise children and i've been here all today, i appreciate a continuance on this matter. >> thank you. next speaker, please >> my name is roger i'm the

president of the balboa association and we support supervisor campos request for continuance the supervisor has worked hatred open the issues and we want to support him and his support for the neighborhood. thank you >> good evening. i'm the architect for the project i strongly oppose the motion to a continuance it's unfair to the applicants this project has gone on look at it and initialed before the anti clustering legislation it was originally calendared last month and taken off the calendar because the health department had their hearing and then it was heard