ble attorney said there was criminal activity at the wellness there was one a fire two an illegal grow and through 3 a fire alarm i ask you please give mr. shep the opportunity to get back what is rightfully his and. >> thank you. next speaker, please. >> good evening my name is a oscar i'm standing in support of waterfall wellness i'm an employee under mr. shep and mr. malcolm heinicke dices is i want to say my he comparisons or experience has been a good one i organize clean up crews and feed do community i was involved in

the 2014 age walks and we walked as a team as waterfall we're giving back to the community i know a lot of negatively has been brought up the record reflect we haven't done anything there's nothing we're hiding or mysterious about waterfall we help 0 out and have a compassion program we help people that are seriously ill and give away free medication we're trying to be a positive member of the you. >> thank you. >> thank you. next speaker, please. >> and as the speakers can fill out speaker cards in the

preparation of minutes please step forward. >> good evening commissioner my name is paul mccartney i'm a marijuana patient in san francisco and beyond what is going on but one thing i do know is what is happening to waterfall wellness now i think it is doing an excellent job i participant in community event and they help me out a lot with any compassion i'm on general assistance and don't have much money so, please let them continue doing the great services in the past and futuristic thank you. >> any other public comment.

>> hello, i'm the outreach corridor at waterfall wellness i've been employed through over 3 months i was not perpetrate with a lot of the meeting, however, i've eaten the phenomenal i want to speak to the current situation atwaterfall we've had the permit and been operating great there will be a lot of people negatively impacted to grant the appeal maim you know over 26 coworkers i work with including myself will losses our jobs we have over 2 hundred patient and

community members and business owners that wrote letters of support the patient will be noticing effected we have over one hundred patient that don't think their medicine from wellness they need the medicine and they receive it from waterfall wellness closing down this will that negatively impact them the current board of directors curling they're doing everything that is required of them i've seen in preparation i've seen them follow through what the laws with the department of public health we had someone come but we fold all the guidelines i'll request you

please deny the appeal. >> allow us to continue operating thank you. >> thank you (clapping) and any other public comment sir, i wish to speak please step forward. >> hello the name is robert ricci wanted to kind of get back to kind of one main point i believe mr. shep wouldn't be here if within the department of public health willfully gave up the permit that is obviously not something it seems like it was unilateral taken from him a point of a board obviously he was not sitting here willfully the permit was taken away.

>> any public comment on this item? commissioners it is up to you. >> may i speak please. sorry public comment is closed you had your opportunity. >> perhaps what we could do is look at some the things that have been provided if you couldn't hear entirely the audio transcript and part of the purpose of asking for that at the last hearing to see what the process was related to that

hearing at dpw and he could get enough of that out of that understood it was quite boring i listened to the audio but i guess i'll get to the crux of it i'm in agreement that the primary issue for the appellant and the permit holder has to do with ownership i don't think that's what i'm prepared to act upon. >> i will i'll get closer to the microphone what i said was that that p the issue here relate to this appeal of this permit this provisional permit is primarily related to

the dispute over ownership and i'm not prepared to comment or to make a position on that issue question of whether the permit has been issued appropriately through the department in terms of whether it was the personnel checks or the notice all those kinds of things i think they did therefore i have no basis other than to support of the basis of the permit. >> if this is just a question if the issue of ownership is in question does it render the departments decision

questionable in terms is it such to just have two corporate representatives be the owner or do you need the third person. >> as and understand the permit was issued to the corporations. >> right. >> all right. >> now, it's in dispute who the owners are of the corporation and that's something perhaps it would be best for them to continue their civil litigation. >> i agree asian-american it's not our position to determine the ownership as whether the permit was issued correctly. >> it's not position to determine the ownership what is in front of us is the permit is issued correctly.

>> that's what i'm trying to figure out if i'm trying to figure out that issue i'm not saying we should determine ownership but if person is in question are reable to even do what you suggest. >> i think there are - yes probably aspects of that if one point to think about the d o g review and the checks if it's shown up negative perhaps there's elements of that that can play into whether the permit is valid maybe my question is more for robert. >> okay. let me stand back. >> well, i sorry go ahead.

>> is what the department did enough in terms of having the secretary and mr. mendez do they need to determine who is the ownership question first and i that the permit was issued to the corporation with the understanding that certain individual will be managing it and so that permit itself could be issued. >> so as long as as the valid corporation. >> this other issue they'll have so pursue and if they prove they're not the owner they can challenge to continue to use the permit but the permit was issued to a corporations with certain individuals managing other corporation or the operations so i think the permit itself could be issued. >> that's helpful thank you.

>> and, of course, that doesn't preclude anyone if challenging it in the superior court. >> further discussions. >> i'm going to move to uphold the ordinances o ownerships the permit on the basis that the permit was issued correctly. >> there's a motion on the floor from communicating to uphold the medical ensues on that motion to uphold commissioner president lazarus. >> commissioner honda commissioner wilson thank you the vote is had to zero the permit is upheld

madam clerk, any other business before this committee? >> we're adjourned this.

>> good afternoon and welcome to the to the san francisco planning commission regular hearing for january 15, 2015 i'd like to remind the members of the audience commission does not tolerate disruptions of any kind please silence all electronic devices. and and when speaking before the commission, if you care to, do state your name for the record. elvis commissioner president wu commissioner fong arrest commissioner antonini commissioner johnson commissioner moore

commissioner richards we are expecting commissioner hillis to arrive shortly first, it is the items for continuance item one at 400 alabama street proposed to february 2015 and item 2 for case at the 276 hartford is proposed for continuance march 5 and item 3 the little go yosemite fish passage is proposed to april 2015 and the next at 8093-fourths street is inner definite continuance and item 5 at 191220th street is proposed for indefinite

continuance commissioners further in under our regular calendar the case at 1010 bush street it property for continuance until february 12, 2015, i have no speaker cards. >> thank you any public comment on item items for continuance seeing none, public comment is closed commissioner antonini. >> move to continue items 1, 2, 3 the dates proposed 4 and 5 indefinite and item 14 to february 12th. >> on that motion commissioners to continue councilmember sharp commissioner johnson

commissioner moore commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 68 to zero and place you under our cds constitute a consent calendar, are considered the planning commission, and may be acted upon by a single roll call vote of the commission, there will be no separate discussion of these items which event the matter shall consent calendar and considered as a separate item at this or a future hearing. item 6 case no. 2014 c and d on market street a condominium conversion and item 7 c at one newhall conditional use authorization. >> any public comment on the consent calendar.

>> commissioners we have a card for the market street item to be pulled off of content. >> he okay. we'll hear it at the girn of the regular calendar. >> very good commissions any public comment on item 7 seeing none, public comment is closed commissioner antonini. >> move to approve item 7. >> second on that motion to approve item 7 commissioner antonini commissioner johnson commissioner moore commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero and places you under commission matters given that commissioner hillis is not here we'll take item 9 out of order and places you under commissions questions or comments.

>> thank you commissioner moore. >> graham in our package we have a large submittal on an update of microbe block 40 do we need to ask for a presentation or a formal matter. >> you approved that project about a year ago you approved the office allocation tests up to you, we wanted to share the new design but with a new architect it's the commissions call if you want to have a hearing. >> i'd be interested since we have two new commissioners one of them living in mission bay it is - with the giants stadium it will be nice to hear the new thinking about it. >> commissioner richards. >> a couple of items i'm sure

those of you read from the chronicle or on line supervisor kim introduced legislation on defining affordable housing something i've been struggling with here as a commissioner what do we mean by omaha both for sale and rent and i'd yet to see the actual legislation she will be murray from extremely low to middle-income and the discussion around prop c i'd consider for affordable housing from luxury housing this a way to balance the two and i look forward to the single legislation but i am positive and on a lighter note john king wrote and note he called it goofy i yet to go out

to the building it's refreshing there is something out there and pretty sure i courage the architect watching this to maybe get goofy and make the city for places with variety. >> commissioner antonini. >> on that same that subject my office is not far from the location and that building and on polk and patrick have been built if the last couple of years are conceptually this has a lot of methods it is a little bit goofy in the 30s and 40s there were embellishments but the forms those current structures are refreshing after all the cook current kind of glass contemporary architecture we see everywhere i tend ton it

is cheaper to consultation than build a building that's nice to see it blends in well with the neighborhood. >> thank you commissioner moore. >> i'm not sure whether to ask it question we were copied on a letter a question for continuance for 435, to the best of your ability e tenth avenue do we decide that when it comes up in a few weeks i feel uncomfortable we didn't listens to the constraint people asked to put on another date what should we do with that letter. >> this is not the calendar we be only discuss the potential letter on the calendar but i suggest we do it during the

general public comment which is upcoming. >> thank you very much. >> commissioners commissioners if there's nothing further we'll move on to to department matter item item 10 departmental matter. >> this is regarding the demolition of the candle stick park on the 13 what was a couple of days ago the department of building inspection issued a mechanic demolition i have heard i heard this about an hour ago so i don't know the details again the minding but they see issued a permit for a mechanic that was covered in the candle stick eir there's been no announcement about the intent felt developer to do and when this will happen but they issued that for a mechanic demolition on which is 13th thank you.

>> thank you. >> commissioners, if there's nothing further we can move on the item 12 past there was no preservation hearing. >> good afternoon if happy new year nice to see you all good at this week's it land use there was a new permit for the massage the interim rulings controls whether or not their clarified as a massage establishment one is certified by the state and one not in the controls come out of that the state laws will have no more control and supervisor president tang introduced permanent controls which will be heard by this commission this item as amazing recommended to the phone number another interim zoning controller a six months extension sponsored by

supervisor wiener this resolution extended for 6 months interim controls that require a xru in the upper market and supervisor wiener introduced permanent controls this commission will is a chap to comment on later on and this is recommended to the full board the one item that was not interim control the arresting cads in the upper market transit strict sponsored by supervisor wiener that there permit the game arcades on the upper market ct it was heard on december 18 and unanimously recommended approval with moefgdz it had to be with what constituted a mechanic announcement decides and land use supervisor breed are working on to relax the controls no public comment on that item and they vociferated

unanimously to the full board with a positive recommendation. >> a to my left this week's board of appeals two for environmental recommendation this is an exemption for a two-story building the commission heard this project as a never mind discretionary review in november of last year and vociferated unanimously to not take dr no one spoke in favor of the dr and only one in support important the permit holder they were not able to settle their differences but the environmental appeal has 40 no merit and with that she made a motion to reject the appeal the other appeal for the conditional use on ocean avenue an appeal for the cu to establish a

tobacco establishment on ocean avenue this was on the health related issues of e cigarettes they didn't properly elevate others balboa park plan there were several speakers several spoke in the need for more businesses and the proposed use is not a family friendly use many individuals came out in support for the e cigarette addresses dpw regulated the e cigarettes and the health impacts after public comment supervisor yee talked about it was a difficult discussion he was not going to support the appeal instead he moved the appeal and add 3 additional

issues regarding a security camera and food available to the police department and the review includes american people increased in crime within 3 hundred feet of the site and motion dethe course lights so other supervisors spoke is 134 month expressed they'll support of appeal but because of the district supervisor they'll vote for supervisor yee's motion the two supervisors that didn't obsolete was supervisor cowen felt it was not appropriate and supervisor mar that felt e cigarettes were not good it passed 9 to two modifying the cu and uphold the commissioners to grant the appeal loose what are the sdpoen controls for the six months extent in ufrpt that was

adapted and the interim controls for the massage were adapted there was several introductions this week as well one was introduced that i supervisor campos this suspense the short time residential rental ordinance that is schedule to be effective on february 1st until thirty days after the treasurer certifies all short-term rentals platforms have remitted to the tax that are due and payable e payable and the 09 one was commissioner richards mentioned the city's monitoring balance sponsored by supervisor kim to monitor the balance between new market rate housing after new affordable housing and publish a balance report in requiring an annual hearing at the board of supervisors on strategies for

retaining the balance nearness with the san francisco's housing goal it came out of the negotiations between the mayor and supervisor kim's rewarding the prop k measure on the special hearing there was also introductions one was an ordinance for the castro street commercial district 24th and noah valley and upper market neighbor commercial districts sponsored by supervisor wiener that requires the conditional use for certain district and the two-dimensional zoning was the court after the commission heard last year and voted to approve and was introduced as well as the landmark designation as the old