1 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. those folks are not allowed to be using that product and environment health continues to check in and inspect those facilities to try to determine

if they are using this new steaming stone product and they don't actually have a laboratory so it's often very difficult to determine what is actually being heated and consumed by the consumer at these establishments >> i believe the department of public health as one staffer that has a lot of other responsibilities on her plate besides monitoring the glucose oceans in the city is the right? >> that's right. that is correct >> thank you mr. smith >> thank you. at this time we would like the project sponsor, or the representative, to comport with the presentation. you will have up to 10 minutes. can you please speak into the microphone >> good afternoon madame president. supervisors. my name

is blake he. my wife -- and her baby boy jc here. i'm going to share my story and philosophy of life with you today. because i think that's the important. the operator of things. operator of a store, [inaudible] a community leader the city. so it may tell you who i am as a person. i'm a great [inaudible] to my family at 10 years old. i tended at this middle school in the ocean avenue neighborhood and i was privileged to be able to learn [inaudible] with rev. gordon. i also attended city college in the area. after that i went to work with charles schwab downtown. three years ago my

wife was pregnant with a baby boy, jake. looking for weight to quick quit cigarettes. i was smoking a pack a day not health but a dozen small veggies always complaining my breath stinks. e cigarette was [inaudible] ground zero for me. a lot of people are not. unfortunately, i got laid off from my job at charles schwab, october 2013. we needed to survive and provide for my newborn. so we decided to gather all the family savings and start this business. coming back to do business in the neighborhood and community that is given me so much i'm just simply trying to bring something that isn't in district 7 and is available to the people in the neighborhood.

we want to fill a vacant storefront on a block, one bucket has seven vacancies right now. went to get one of the vacancies. to provide an alternative to cigarette smoking. we want to work with other businesses on the 1900 block of ocean avenue to improve the diversity, the traffic, all kinds of great things to this part of the court or by cross promoting and collaborating with the business around and [inaudible] i went around and asked actually pitched this to the other store owners to say, collect us. anyone to spend money at your store they come to my store and get a discount. wouldn't that be great, give forgiving everyone discounts in the neighborhood if you shop in a certain area. so that's what i'm trying to do. work

together, work really hard and share everything with everyone. create one strong computable community. thank you very much for your time and please denied the appeal and uphold the permit because this is my survival here. thank you very much and i have my friends here that is going to speak. >> good afternoon so wrote my name is tom helene am an attorney presenting mr. he and his family. i have little to say that is different from what mr. -- from the planning department said. what i want the board to remember is that this is an appeal to land-use decision. it's not an appeal of a health department decision.

san francisco has a professional planning staff that is thoroughly reviewed this project and made recommendations that approved its use for sale of tobacco paraphernalia under conditions. the conditions were approved by the project owner and, as you just heard, kiss the vision of being able to operate his business to be able to support his family and to improve the conditions at the neighborhood. much has been said here about the 1900 block of ocean avenue. and about how these projects appellants are interested in promoting health and diversity. the general state of the neighborhood. when

everybody is forgetting is that there are 20 percent of the retail establishments are vacant and had been vacant for years. the neighborhood association, retail association, well, not while not approving the products that are going to be sold by mr. he heartily approved his opening a business and the neighborhood. the planning department came to the conclusion that the use of the proposed by mr. he was in fact necessary desirable and compatible in compliance with the san francisco planning commission ordinance. detailing with conditional uses. the project appellant has approached this board with a variety of

different complaints including that he cigarettes are addictive and unhealthy for the population. this quite a bit of controversy over that subject. there are -- as everybody has stated your -- the fta has made no recommendations one way or the other on the subject. there are many who say that he cigarettes in fact are healthy because they provide an alternative cigarette and a reasonable alternative to cessation of smoking. needless to say, there are others who disagree. once again, this decision of the planning commission and the planning department was not based on valve of e cigarettes. it was based on land use issues. land issues concern or taken into consideration by the planning commission favored the use. the

second complaint was that he cigarettes are inappropriate for the general use of the population and that -- thirst funds is the same as the last one. the third issue was that the 1900 block needs other kinds of businesses. diverse businesses and there is nothing blocking other businesses, other diverse businesses from moving in there. as we have seen, there are seven other empty storefronts on that block. nothing is keeping other businesses from moving in there. issue four was that, once again, the use would be detrimental to health and safety of the commission and as you've seen from the vision the planning commission use permit, those concerns have been

addressed in the project applicant has pledged to follow them fairly. issue five had to do with encouraging development have provided substantial benefits to the community. planning department concluded that opening a business of providing both diverse products and employment opportunities was a benefit to the community. finally, issue six, was that this business was not consistent with the general plan. there is nothing that this business does that is inconsistent with the general plan. we respectfully propose that is board uphold the planning commission and planning department recommendations and follow the conditional use permits. thank you >> supervisors, my name is --

on part of the outreach for this project as a consultant. i would like to make some verifications. one is the hearings on november 6, blake he received an e-mail from mark scardino at the present of a hillside terrace association stating on november 13 i am pleased to hear that you have addressed the board's concerns by not using the backyard area. as previously responded, the board will not be taking further position on supporting or opposing the business. however i can say that the board has no plans to plant appeal of commissions visited i know i don't have the zeros was a roger [inaudible] spoke is an and visual offers individual group group we met with the west twin peaks association, following this bank about its decision and they failed to obtain enough votes for the group as a whole to join the appeal. thank you.

>> thank you very much.