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. >> good afternoon president breed and members of the board. i'm aaron start manager of legislative affairs for the planning department. today i'm joined by project planner marcel woodrow. before the board is conditional use authorize issue for tobacco paraphernalia establishment at 1963 ocean avenue. we sent your memo is fun to appeal on january 9. beth. sorry. the

decision was to uphold the planning commission's approval of the conditional use authorize good until your bit about the property. the project resulted on the south side of ocean avenue between ashton street and victoria avenue. cost me 4500 square-foot parcel. the sub [inaudible] ocean avenue district and within the 40 [inaudible]. the subject site is also within the lower park area plan. the property developed the one-story over partial [inaudible] commercial building with three commercial spaces to which are occupied. the subject commercial space in 1963 ocean avenue is currently vacant. it was purposely occupied by a retail aquarium known as, aquatic central. the proposed project is a tobacco paraphernalia establishment we tell use and vacant storefront to be known as happy vapor will include easy details of the ground floor and esteem stone lounge at the basement level. the business was old e cigarettes and vaporizing

devices vaporizing liquids and batteries in the store and some accessories sells online. the basement [inaudible] hookah lounge with a maximum capacity of 21 people. next october the basis for the commissions authorization. for the review of conditional use operation the commission considered three standard cu findings in section 303 the planning code in addition to three additional findings for tobacco paraphernalia establishment. section 303 criteria outlined in the memo from january 5 but in short, ken requires any project of the conditional use be found to be necessary or desirable or compatible with the neighborhood or the community and not be detrimental to the health safety convenience or general welfare of persons or property in the vicinity. the specific criteria for tobacco paraphernalia sellers and also detailed in the response in january 5 but in short they touch on the concentration, neighborhood safety welfare and compatibility with edward

character. project is all speak and says with a general plan. at the planning commission hearing was six speakers in opposition to the proposed project. the concerns were generated to help the community, the need from our family rented businesses in the neighborhood and close business -- was not in keeping with neighborhood desire or the balboa park area plan. there were 15 speakers in support of the proposed project. they spoke on the choice of the individual as well as two esa grants. the numbers of vacancies on the block and on ocean avenue. at the store provide options to smokers and expressed support for the character of the projects sponsor himself. the commission took all these conditions into consideration in their deliberations. in particular the commission was concerned about ease of access to tobacco

products wondering on sidewalks and potential increases accompanied in response to commission had additional conditions for approval to address these issues include requiring an id reader at the door to ensure only people 18 years or older will be able to enter the premises. which was further than state law. a condition that prevents outdoor loitering, limiting the hours of operation to 10 pm which currently allows anyone to be open until 2 am as a right on a stupid eight to appoint a community liaison to address any public concerns should they arise and to require that the applicant come back to the commission in six months for a performance review and update. the cu was approved by the commission by a vote of 5-2. next i'll focus on the primary concerns raised by the appellant and the apartments response. deponent's concern were outlined in the various appeal documents they can be grouped into six main points. those include health impacts it would opposition and compatibility. the concentration of similar uses planning code section 303 findings general thinning

compliance and compliance with a couple park station area plan. .1 health impacts: get out first issues first issue relates to the health impacts of the cigarettes as a commission should not have approved the cu for business whose goal is to attempt to increase the uses of these products. health impacts related to tobacco products are under their jurisdiction the next roosevelt about a public health about the planet abutment with the planning commission. wiley: [inaudible] documents the planning commission should consider health impacts other products that are particularly astonishment this is not within the jurisdiction of the planning department or planning commission. planners in planning commissioners are not the city's health experts. employees with the department of public health are an ep age is the regulatory agency for manager related to smoking, dc that's health and smoking cessation. responding to in section 3 of the response requires the commission to

consider whether or not to use the judgment of the health safety convenience or general [inaudible] residing or working in the vicinity this writing is intended to evaluate the external impacts proposed use could have such as how large the project is, impacts in traffic, costly parking québec obnoxious or offensive conditions such as noise square lays dust or order an aesthetic impact that is not intended to protect the health or safety of someone voluntarily decides to use particular product. .2: it would opposition and compatible with the ocean avenue and ct. the appellant states that the 1900 block ocean avenue needs other business felt better serve the avenue neighborhood. high percentage of vineyards are opposed to the lounge in the business will not be neighborhood serving or compatible with the neighborhood. he also asserts the ncd should only serve the needs and character of the surrounding neighborhood. during the hearing commission heard for both supporters and opponents of the proposed

tobacco paraphernalia stylish and particularly support in opposition is an important consideration for the commission it's not the only aspect of the commission can take into account and it still operations. commission will also consider several aspects including stated purpose of the neighborhood commercial and policies and goals the general plan. the neighborhood commerce and one of the general plan encourages diversity among districts in the commission on this use would add to the diversity of the ocean avenue and ct. the buckle park area plan includes a policy to retain and improve it with commercial existing businesses while also attracting new businesses that address unmet retail and service needs of diverse local neighborhoods. further, the ocean avenue ncd is intended to provide conveniences to the surrounding neighborhood as well as limited comparison shopping goods provider market. the range of comparison [inaudible] offered in the ocean avenue ncd is varied and often include special retail stores restaurants, and neighborhood serving

offices. the commission found that this project is first use of this type in this district copied to provide the diversity of views in the district whether the establishment of the business does not preclude other uses from coming to the district. issue three concentration similar use. can't visit over concentration of stores that sell tobacco in the ocean avenue and ct. staff analysis found no other tobacco careful note of the night as thousands in the ocean about seven dollars dollars was like liquor stores got stations and grocery stores that sell cigarettes and e cigarettes but the approximate concentration of these establishments within the ocean avenue ncd is six percent of the commercial tonnage. the stores have sales that primarily focus on other products. further, the two year

we just as dedicated dedicated [inaudible] approximate amount happened the subject site. based on this information the commission did not find that there's over concentration of tobacco paraphernalia establishments in the ocean avenue and ct. issue four: planning section 303 findings. the appellant claims the commission did not properly evaluate the proposed project under section 303 the planning code particular that the use would not be necessary or desirable in the community. the commission found that the use is desirable because it will component the mix of goods and services currently available in the district of providing diverse economic offerings and contributing to the economic vitality of the neighborhood by removing the vacant storefront. per section 303 the commission also found that the size proposed use is in keeping with the other storefront in the plop face and the proposed tobacco paraphernalia stylish and modern impact traffic or parking on the district. as the use is not changing from a retail to another use. .5 general plan of compliance: deponent serves [inaudible] not

this is with objection policies 1.1-1.3 of the general plan. which are objective one, manage economic growth and change to ensure enhancement of local living and working in barton. policy 1.1 c to encourage development in which substantial net benefit and maximize undesirable consequences. oscar had. commission found the proposed moment will provide specially goods and services to the neighborhood and provide employment opportunities to those in the community. further the project site is located within the neighborhood commercial district and that's consistent with the activities. last assertion that the project does not comply with the bible area plan. balboa stationary plan needs to revitalize aims to revitalize [inaudible] sorry. >> thank you. colleagues, did anyone have any questions for the planning commission based on the presentation made? supervisor mark mar >> i wonder think mr. zucker very good presentation but

president yee of an asteroid of derek smith from the apartment apparent overriding this case not only has a petition for district 7 but i think it's has out precedent-setting implication for the whole city given the type of business that is being considered and is number of regulations that e cigarettes and tobacco permit policies have changed over the past year and i think eric smith and others understand them a little bit better >> okay if we can do that and expedite it in a manner without objection. [gavel] >> so mr. smith has worked on this issue or number of years and i wonder if you walk us through what are the current regulations of the cigarettes and how it relates to tobacco permits? >> absolutely. in san francisco will start first with permitting and 24 this board of supervisor adopted an ordinance that indicates each referral tobacco products is required the privilege of selling a product. so for several years

we about a decade [inaudible] has been working with the health department to do sting operations to german you people are not being sold illegally. the repercussions would be a fine as well is potentially suspension of that privilege that reasons [inaudible] that's 42 2013-14 when this board started looking at concerns around e cigarettes the use has been growing steadily inc. mentally intercommunity as well as across the country. this board determined they would like to adopt a policy essentially the ordinance around e cigarettes more or less equates them to cigarettes in san francisco sold last 25 years of in many ordinances related to the use of cigarettes in the sell cigarettes in san francisco. now, there's kind of an equation of the cigarettes and cigarettes. that means all the places were e cigarettes cannot be used that would be a mention from the 80s indoor workplaces,

city parks, community events, [inaudible] and entryways and [inaudible] that also plays two easy brats at this point. additionally, that ordinance indicated that anyone who is interested in selling and e cigarettes, toby boat tobacco retailers who sell both cigarettes and e cigarettes, would be required to obtain a tobacco retail license from the department of public health. >> i just want to ask mr. smith also to mike. children american lung association wrote us a letter. she's from the american lung association regional rep but she says in some other cities recently, hookah bars and various paper shops have been opening up and he worked, in particular they saw the number of types of paper shops tripling within a few months and i think this led to a couple of our sister cities across the bay in acting regulations like ones that we recently implemented. the other

point i wanted to make was and asked mr. smith to elaborate minor sin is e cigarettes rangers about eight years ago by 2013 was a $2.5 billion industry, but we expect that by 2017 it will be quadrupled to about a $10 billion industry. could you talk about why this is happening the relevance of young people in that marketing and cooking of people on addiction to nicotine? >> absolutely. easy let's are not regulated. on many levels. perfectly honest san francisco is regulated these products within many communities in the united states. they are not food and drug administrative ministration fda regulations of the cigarettes. they're not other regulations about how they're produced to my father marketing for example. in 1972, the u.s. congress that is 43 years ago adopted a law that stated cigarettes can no longer

be advertised on television or on radio. so, 43 years ago that occurred with cigarettes but right now, a cigarettes are allowed to be marketed directly to the consumer via television or radio. additionally there's been an ex-financial growth -- i can't exactly say specifically why much that has to do with marketing the opportunity for market share -- but use use of leave 11 or 12 graders in 2012 was around five percent. by 2013 was around 10 percent. in the monitoring of future survey results from 2014 say that among 12th-graders, 70 percent have used e cigarettes in the last month so now were looking at one in five people abused e cigarettes and is a product that didn't exist eight years ago. at this point deception more young people using easiness and even using traditional cigarettes

according to this recent. >> ipod proms presently does give the assistant is possible. my last question. hookah bar regulations, there's about over 20 hookah establishments. there's only couple that used stones that are heated and then you smoke the vapor from it. but i just want to say that in this business is going to be in the basement. how many staff monitor this and what's been our record of our ability to even keep up with the existing hookah stylish than in the city? >> that's a good question. our colleagues in department of health are in charge of the majority of evident horsemen and they been working -- essentially working with the hookah assumptions because they would be out of compliance according to the ordinance. if they were using products that contain tobacco. so they're using traditional hookah is called she shall like a liquid mix with solid nicotine