>> up to three minutes for rebuttal by the appellant with a pound representative and at this time, without objection will move forward and allow the appellant representative to speak.

>> good afternoon. i'm the appellant dr. robert harris. i'll start with health issues. the planning commission did not properly apply the following sections of the planning code. section 303, condition [inaudible]. when not be detrimental to the health safety or welfare of persons right residing in this vicinity. in response to this, the final motion to the height and bulk of the building accessibility, landscaping, they did mention preventing emissions. just fine, but smoking has been prohibited since 1980s. by this conditional use, we are referring to the unhealthy effects of the [inaudible]. the cigarettes [inaudible] e cigarettes containing nicotine and the [inaudible] in the basement. in 2008 the board of so supervisors unanimously passed and that the fine tobacco to [inaudible]. the

language disorder and supports our position. it states, tobacco paraphernalia excusing -- it states the gold this organization establishment. and related health safety and general welfare problems. in the city's commercial district. it defined tobacco paraphernalia to me devices that are designed for smoking or inhaling the products prepared from tobacco which includes nicotine. the san francisco department of public health has consistently warned about the harmful effects of each cigarettes is seen in your fact sheets. i can't read -- it

contains [inaudible] increase nicotine addiction among young people. these products have not been tested for safety or efficacy in helping people quit smoking. american cancer society heart association and american lung association have their statements expressing the increase of ink e cigarette marketing and use. those 23rd. 2014 from the department of public office and type of thing. electronic cigarettes are still awaiting regulation from the food and drug administration. there are no set standards for production or content. nicotine is a highly addictive since substance. and products you cigarettes have been tested positive for known

tobacco-related carcinogens, toxic chemicals and heavy metals. the second hand there are so -- expand expose poses bystanders or hazardous chemicals are not the planning commission's final motion did not take into account these dr. mark judgment effects of the product [inaudible]. which granted the new tobacco permits. we trust the water supervisors the board of supervisors will continue this tradition of protecting the health apply the same principles and make a ruling in this case in favor of the health and welfare of our residents. i would askthis graph shows

cigarette consumption has been decreasing for 50 years maxis the surgeon general report of 1964. this decline is due to extensive public health measures including restrictions on advertising and sales. [inaudible]. he cigarettes are the new imac may be way for tobacco companies to come to the declining sales and [inaudible] for the last 50 years. the use of visa credits or smoking cessation is unproved and he cigarettes are not recommended by [inaudible] for this purpose. [inaudible] january 5 states, the commission did not identify the situation for krugman [inaudible] so in this response i agree with the planning commission. the next life. the high concentration of tobacco outlets in our area may also adversely affect the health and welfare of our neighborhood. as shown [inaudible] the western

half of ocean avenue has six businesses that sell businesses for which that so easy that's in a five block business. so highly impacted. i back there 37 tobacco districts in 37 [inaudible] and we all think we need another one. >> caroling carols speaking for the appellant. the planning commission did not properly apply the general plan for the ocean avenue commercial district. the conditional use planning commission 303 states in part, the proposed use will serve the neighborhood in whole or significant part and will not adversely affect the master plan and will provide the element that is in conformity with the stated purpose of the applicable neighborhood commercial district. it's important to place this project

within its physical and demographic context. that context must include the balboa park station plan which was signed into legislation in 2009 as an area plan within the san francisco general plan. the balboa plan was not included in the planning commission until two days before the november 6 commission hearing. president [inaudible] commented she was the more time for people analysis of essential to planning commission were not great challenges for the neighborhood. the ocean avenue and ct extends from keelan avenue to manor drive. 1963 ocean avenue is at the western end of this. the single-family neighborhood of davidson manor is to the north of the avenue and to the south of [inaudible] cars appeared both limits of a high percentage of families and children under 18. they are ethnically and economically

diverse neighborhoods surrounding -- district 7 and district 11. ocean avenue has undergone extensive study and review by city agencies and consultants from 2008-14. the focused study on something would exist improving ocean avenue for the long-term. they point to development of a transit village with a vibrant commercial street that serves surrounding neighborhoods and encourages pedestrian traffic and has businesses that provide goods and services needed by the neighborhood residents. for the appeal process, the appellant elected supporting signatures from 90 percent of the residential property owners contacted within 300 feet. that's 33/36. this is consistent with the views of the over 100 unique and sincere letters submitted supporting the appeal and opposing the

bakeshop and hookah lounge. the area studied question residence at the balboa park plan stated that a successful san francisco neighborhood offers a full point of retail stores conveniently located so local residents can shop everyday goods without relying on automobiles. residents have expressed their desire to mike ocean avenue when 20 years without a bank grocery store or hardware store and recently chased bank and a wonderful heart sort of moved in. these are the types of businesses residents would like. at the planning commission hearing commissioner richards questioned the context of the date paper shot in the he said, and i quote "i look at this block to mr. concentration of alternative lifestyle case toys business a good massage parlor walls tattoo parlors and and [inaudible] right across the

street and you would add a deeper started i think my concern when i look at necessary and desirable or compatible businesses article depends on whether or not you are a smoker. compatible with contextual for me. i have a problem with this project and this 1900 block.". commissioner richards voted against approval for this conditional use. the block is not the right context. the plot does have many desirable businesses use by neighbors. there's a 24 hour fitness restaurant.. a [inaudible] they a bike shop yoga shop to barbers. the plot does have six vacancies but that is not surprising considering there are 40 storefronts in that section of 1900 ocean avenue. an additional problem contributing to the vacancy rate was noted in the [inaudible] report. it appears "to be disinvestment on several property owners and conscious withholding of investment."

>> thank you. at this time, we are taking public comment on speakers in support of the appeal. so, if there are members of the public who are here to support the appeal please come forward and line up to my left. you will have two minutes starting with the young lady was standing first in line. >>good afternoon.my name is inga meyer and imperial express my strong opposition to the planning department decision to approve the [inaudible] and 1863 ocean avenue. as a homeowner homeowner and the bob davidson input and a parent of a first in the greater of, or

slope scorpio this business would be completely inappropriate and profoundly humbled in the community in which is located. first, come very concerned about the impact of this business on children. 1963 ocean avenue is located within a few blocks of several schools including, dorsal school, [inaudible] middle school [inaudible] academy and the number of schools are closed but many students passed by 1963 ocean avenue on their way to and from the schools as i've personally observed on numerous occasions as him often down on ocean avenue doing errands and going to yoga classes. a business or find smoking, whether traditional or e cigarettes as a happy activity as happy vapor would do is sending a very dangerous message to children. i also feel very strongly that the opening of a paper shop and hookah lounge in 1960. ocean avenue would be a step backwards in the effort to make ocean avenue business court or a more community and pedestrian

friendly for resident degree the atmosphere and discouraging more appropriate and desirable business. the neighborhoods in sore need of more businesses that need the day-to-day needs of its residents. i'd also like to note that a time when many families are fleeing san francisco for a variety of quality-of-life issues, that the board of supervisors should be doing everything within its power to retain families by promoting better quality of life in the city's residential community. ocean avenue has much potential to blossom into a vibrant >> thank you ma'am next speaker please. >> i'm irene krebs and i would bet [inaudible] for the last 45 years. as i have some evidence i've read i guess the new york times and there is some evidence that shows that e cigarettes are not completely safe. for example, a clinical

cancer research study found that the vapor from e cigarettes damages human cells in much the same way as the smoke from traditional cigarettes. that was from the consumer reports. april, 2014. then a ucsf study found that adolescents who use e cigarettes are more likely to smoke regular cigarettes and less likely to quit smoking tobacco cigarettes. now, i have a 10-year-old grandson who lives with me. many of my neighbors have young children. we would like to see in the neighborhood 1900 block of ocean avenue is just around the corner from us. we like to see such shops as a bike shop where

[inaudible] is at two bikes and the fog lifter which is a wonderful restaurant. you should come sometime. these kinds of businesses. they really help to meet our needs as a community. thank you very much. >> thank you very much. next are please. >> good afternoon supervisors. i am roger there a resident of del valle balboa terrace which is nearby the poser location. i support the appeal for the following reasons: first the 1900 block on the south side of ocean avenue is actually a thin commercial strip at the edge of the vibrant residential neighborhood. there is a pedestrian passageway that runs through the center of the plot. it connects ocean avenue to albano drive. it facilitates easy access to angle side terraces to adjacent residential neighborhood. so instead of thinking of this as part of the ocean avenue

commercial block what this really is is a residential neighborhood that has businesses at one ad unit and its impact at the far western edge of this particular commercial strip. we have talked about a residential neighborhood not a business neighborhood. second, recent legislation passed unanimously by the board last month limits tobacco sales which includes e cigarettes. this legislation shows that the board is well aware of the health risks caused by these products. i would submit respectfully submit that it's inconsistent with the policy to improve and e cigarette outlet that's actually right on top of a residential neighborhood. finally, the findings of the planning commission are, with all due respect to them not well taken. the proposed shop is neither necessary, desirable or compatible with the neighborhood. it will be

detrimental to the health safety were convenience or general welfare of persons residing in the neighborhood. last it will adversely impact the health safety and welfare of residents of the nearby area. so, for all the above reasons i respectfully urge the board to overturn the planning commission decision and to support the appeal. thank you >> thank you very much next speaker please. >> good afternoon supervisors my name is bob gordon am a member of the san francisco typical tobacco free coalition not to repeat what others because of said let me just jump to the fact that more paraphernalia hookah outlets are associated with more harm to individuals more harm to neighborhoods and that is directly my dear people talk about harm reduction but that is not what we know in terms of quitting smoking. i just like to point out that a paper shop sells and on fda approved device that is addicted to many young people to nicotine. adults who are truly interested in quitting smoking can receive

a prescription for an fda approved in hitler for example. there's a brand nick nicotine control from a healthcare provider and then they can fill that prescription in a licensed pharmacy. so lastly i like to mention a new policy statement that was issued by the american association of cancer research and the american society of clinical oncology. i hope you'll consider voting to appeal the decision of the planning commission that of course i granted a conditional use permit to open up yet another nicotine carcinoid place near schools. thank you >> thank you. before recommend the next bigger supervisor mark a quick comment >> i like to thank bob [inaudible] the commission for strongly take the lead along with other major seas run this country to regulate e cigarettes and the arrays awareness of their arms and i want to thank our grassroots coalition with many young people were in the leadership to but thank you so much to bob

gordon and the rest of the tobacco free coalition. >> thank you. next speaker please. >> good afternoon. my name is dr. pamela ling and am a resident of san francisco but him appearing here as a member of the california research oversight committee commonly known as --. the rock overseas operating on which funds that california tobacco department of health tobacco-related research program. and the educational efforts by the california department of education. i've also a professor of medicine at ucsf and a study of tobacco marketing include electronic cigarette marketing. were we found that many of the old tactics used to sell cigarettes that are no longer allowed are being adopted by the electronic cigarette companies and many these messages do have high youth appeal. now the rock is an

[inaudible] revelation of e cigarette cells are requiring vendors to obtain a license. they also support the use promoting the use of the easiness for tobacco products are not allowed and the official position of the organization is to oppose the use of [inaudible] were all tobacco products are banned. the reason for this position is because the policy to protect non-smokers took from non-smokers promote smoking cessation and if using e cigarettes and clean indoor environment create nice-looking policies will reinforce the act of smoking is socially acceptable. finally, we are deeply concerned about recent reports of increases in e cigarette use by youth where the cdc has reported this user e cigarettes by middle and high school students has more than doubled in the past few years. we really does support the efforts of local communities to introduce policies to decrease youth access and initiation of tobacco use. thank you >> thank you. next speaker please. >> good afternoon. my name is

judith weissert. i live on serino avenue in san francisco angle side terraces. i've been a resident for many years. i'm here representing my husband is unable to be here today. my daughter, who is a high school counselor at mercy high school for girls in the area and three different families. all of whom have school-age children, the due family, buchanan family and stacy family. we, personally have lived on serino's for many years and we been waiting for a long time for ocean avenue, that core door, next to adjacent to several residential areas including ours, waiting for it to come alive with some wonderful helpful businesses, shops, groceries, drugstores yoga, coffee shops, grocery etc. finally, these things are coming to fruition but we also have a couple of pot

dispensaries and now this paper shop. we've other places that sell cigarettes and i don't want to reiterate everything that's been said but we have many school-age children walking to and from along that core door with their parents as they get older without their parents., the slope [inaudible] the christian academy, wiley down to lick preparatory school. all of these kids do not need to have these kinds of businesses kind of interface when i passed by them regularly. so, i do support pulling away from allowing this conditional permit. thank you so much return >> thank you. next please. >> good afternoon. my name is wendy fortas am also residents of ingleside terraces. i have been concerned about smoking for many many years. i am a

non-smoker smoker who suffered from illness as a result of having to work around smoke, walk through neighborhoods were people too many people were smoking. i would like to second everything that all the previous speakers have said. i'm also certified health coach. i'm aware of the different difficulties with smoking. i was very excited as angle side terraces began as the ocean avenue core door came to life as judith mentioned. i frequently walk from my home past 1963 ocean avenue to either whole foods or to bart. i do not want to see a business come into our neighborhood that contracts the positive changes towards family family retail. thank you very much >> thank you. next speaker please. >> good afternoon mark olson

resin of ingleside terraces. those of us appealing this decision have made our arguments and the commission appears to summarily disregarded them. focusing solely on the economic advantage of and akamai storefront versus a bacon wanted them out into the neighborhoods deeper concern about what is actually going to be sold in the store. the conditional use criteria asked if this uses necessary or desirable or compatible for the community. we have argued no. whether this use is detrimental to health and we've argued, yes. the recent san francisco legislation supports these arguments and of course unspeakable ordinance 25 914 which amends now code establishing the mitts on these kinds of businesses. whether not these rules are legally binding in this action today, gives clear they are morally and ethically support our taste and the rules are city policy. it should conform the commission's decision to it, necessary, do we need another point of sale where multiple schools, no. do another point

of sale near existing schools? no. does this business pose a health threat to the public? yes. we all know nicotine uses [inaudible] health risk given that the science is not well-established their serino clear health benefit to vaporizing itself. furthermore it's agreed that toxic risk still exists both for users and for secondhand exposure. it's also a fact the industry often markets these products to children and designs flavored products to appeal to younger market and all this poses a public health hazard. i argued the city's position regarding this application is more in conformance with the parties [inaudible] in the commission's findings to call your own ordinance, cisco supports limiting the number of permits for the sale of tobacco. this of course includes vaporizing products. in conclusion, please let about it more. we don't need to store. were counting on

you guys try to be more wise. don't let the smoke in your eyes. >> wonderful thank you so much. next speaker. >> good afternoon supervisor. my name is anita old harris. i'm here representing the westwood park association of 685 home planned unit development that borders about follow-up reservoir and ocean avenue commercial corridor. i have the honor and privilege of serving as the president of the planning commission for nearly 5 years. during that time i reviewed hundreds of applications. after that service had participated in the formulation of the balboa park stationary plan that he you signed into legislation in 2009. that creative vision for the area of a transit village serving residents. the vision is a vibrant retail core door so many everyday needs of residents. when fire destroyed several buildings retail

establishment merely personally visited and expect construction to retail establishments could return. the planning department mayor's office of economic and workforce the moment in the puc are hosting a meeting to discuss providing much-needed housing on the balboa reservoir. in short, the bubble plan israel and ready to be fully realized. granting the [inaudible] would be a step backwards. a vapor lounge sewing e cigarettes is not necessary desirable or compatible. within the context of what the city is trying to achieve in fact already to vapor lounges in 1.5 miles. is that my time >> 30 seconds. >> okay. i hope that you will consider the vision and what about boa station area plan requires. if you please, do not

let this business, and because it really -- they want to put 1000 units on the balboa reservoir. >> thank you ma'am. that is your time. i'm sorry everyone gets the same amount of time. thank you. next speaker, please. can you please come forward. >> madame president numbers of the board, my name is edmund tom. i'm a member of the neighborhood. i wish to speak in opposition to the planning committee action and support the appellant. the first concern i have is that the city should be acting consistently not moving

in one direction then contradictory in another direction. the health department has moved to act that cigarettes is not a positive use and now planning department moves in the opposite direction to say nicotine is all right. secondly, any edits and been made to have ocean avenue beautification. and what is happening on the 1900 block of ocean avenue includes mike already, pool hall back massage parlors, and not too far away marijuana dispensaries. so, it's a contradiction to part of city government is moving ahead to say let's make this ocean avenue

a positive beautiful asset for the city and then contradictorily acting in opposition to its. lastly, my point is in addition to the schools mentioned, there is the voice of the pentecostal academy and the st. stafford school, part of same immediacy academy. both schools cater to the middle and working-class population of san francisco that are fighting to stay in san francisco and the schools are very close within 150 feet or 202 blocks >> thank you sir, that is your job. thank you limited other any other members of the public would like to provide any comment at this time in support of the pound? see needed will move forward with the presentation of the planning department.