of residents and won and beat the associations in the city let's compare that to what they're doing today they've spent sent one letter of opposition to the project have they sent onsite to speak to this threat no the letter speaks to any specific throats tlaets to their residents i think it is fair to see if they oppose this. >> next speaker, please. >> my name is anastasia i'm a lifelong resident the san francisco in the telegraph hill area i've been listening to a lot of folks i came here on behalf of my family and mother it lives in the north beach and unable to drive since a stroke since that time i'm here primary

caregiver and the disturbance distance into north side putting into consideration the change in the traffic is parking situation anonymously be able to park on mission street and not to mention ear or her totals level of exhaustion from market to mission street is unreasonable not a medical cannabis dispensaries on this side of city i've been skewer for her and my father is difficult not only my mom but other old people that are sick and elderly that need safe convenience to cannabis not working for everyone thankfully she's been improving i feel like a lot of the reasons is due to the education and opportunities to work with the consultant place like the aau pocket i welcome the apothecarium and hope that none in opposition to the

apothecarium is doing so has to go into what my family a going through to assess the apothecarium. >> thank you. >> good evening a homeowner in the castro live two blocks away from the current apothecarium and employed on cellist nut street and i've not seen a single thing negative from having the apothecarium in my neighborhood they're a positive addition thank you. >> hi, i'm cliff the home i share with my wife is next door to the edward and across the street from the apothecarium location in that home we've raised two boys putting them through high school and today, we a 16 mellowed daughter and

learned the edward the second will be converted we were bombard from the cal hallow attempting to block the move the only people living next door is welcoming the move as the petition is more discourse now they suggest they support of home that cannot be further from the truth the c h a has done nothing to help the kids integrate the first christmas the edward the second life-saving streets he would say an open house that was a good time to introduce oneself to the neighbors not one person from the cal hallow association in attendance that has a simple example it is a general attitude

towards does the facilities and youths now, please listen if you talk to people that operate at edward the second i have the people own the ground not to the people if the office on larkin they have no problem with the apothecarium going in right across the street they as i understand a letter because their towing a line to an earlier agreement implemented when they move forward the agreements forced them to take instruction in the c h a thank you. >> good evening and thank you for the time you you've devoted to the city of san francisco my name is andrea the there is a motion that has been seconded executive directors for the castro the districts does not take positions on businesses locating outside of our district

but i'm here to personally testify that the apothecarium is a great addition to the upper market and an exemplar business the apothecarium is such an incredible business they keep i mean can't say explain and i really can't - can thinks the fear that people are being testifying they've not visited the space they keep their sidewalk clean instantly no a neighborhood famous for neighbors and merchant and people complaining to me, to their neighborhood association, it to the city family and the apothecarium get no complains like a long time and other places in the city mcds are seen as dangerous their used to be

one on church near fourth street it was scary i didn't like walking by there but the apothecarium is completely, completely different did you notice it is like a boutique so i really if you haven't seen it and making a decision without going by this is a problem for people to be testifying here tonight and not having seen this facility is a real problem their testifying against something based on their own fear and ignorance i urge you to not make a decision because you haven't seen it you can't say be informed or support little apothecarium thank you. >> good evening tubt i'm michael the executive director of my tree hospice and known as

my tree compassionate care located a block or block and a half from the market street apothecarium my tree we had 7ville's passed away ever advanced aids and 24 were able to stabilize to the point we can discharge them to independent living both that passed and stabled used medical cannabis approved and give them to take fewer pain pills that had unfortunate side effects and helped people to put on much needs weight a tremendous benefit for those suffering from nausea i want to say the apothecarium have supported my trees financially and my tree by

helping us recruited vs. from their customers and their employees that helped us to work on a hue string to deliver this valuable service to san franciscans i hope you'll reject the appeal and let the apothecarium serve this location thank you. >> good evening honorable board of appeals my name is ryan miller born in the san francisco and a decree from again and again and an honorable discharge from the army corp medical cannabis dispensary provides hope for patients of patterns of extremely sick children and veterans like me my experience as a curator of the culture enable me to serve me could i

and the vulnerable members my communities non-violence and desperate brave parents that seek cannabis to cure their especially go elective children failed but countering military veterans that emigrate from all over the country to carrier healing alternative transportation to opium and he'll our souls progressive seniors accompanied by adult children seeking relieve from an amp elements directly extends their quality of life naturally and in closing he hope to embark that medical cannabis dispensary don't destroy communicates but restore them if cannabis is a reflex to children why has cannabis been

removed from our schools a recent bill pass the house of representatives granting safe assess for the veterans for va surely san francisco is more professing progressive than the u.s. governments. >> thank you nepts. >> hello, i'm john i'm 46 years old i was diagnosed from severe child abuse used to use alcohol to medicate and goat my medical cannabis dispensary machinery enabled me to go on it accommodates a person to survive it traetsz my p.s. d now i have a human being with any disability and i wouldn't be here without the love and support of people i've met at

dispensaries apothecarium they have oiflz of lover and the developers support group helped me to make progress in any life as a civilian one medical marijuana i wouldn't be here today and without the love of the people within the dispensaries i wountsz be here today and i'm grateful to give back and available to help i've known that love enables us to be whole together and through medical marijuana inch had a way to be one are whole with everyone i'll truly grateful thank you thank you for your time and consideration. >> thank you, very much. >> next speaker, please.

>> hi, i'm a person that comes from the apothecarium and asked to briefly speak regarding the marina i too am a veteran i guess the thirds of vetsz here i survivor from anxiety and inner i insomnia and medical marijuana helps me to function without taking an anxiety and sleep medications and antidepressants that had me my life quality had seriously detrimental walking like dazed but medical marijuana allows me to function normally and interact with people and to work a job and come hope home to seek rest i appreciate medical cannabis dispensary i like to

utilize that is one of the services that note offered by the va and prescribed a mill other pills at the va but not prescribe medical marijuana because of federal statutes but it is helpful for me and i came to share my experience thank you for your time. >> thank you. >> next speaker, please. >> hi shawn san francisco resident and earlier i heard it brought up about the vilification of cannabis and dispensaries as a retired law enforcement officer i can tell you i know well the vilification of cannabis we're trained a gateway drug that is discussed and realized not true i broke my back or back if in a car accident and to retire

earlier i dealt with back by an until i discovered medical cannabis i was cynical whether i got any card i thought that was a bunch of bunk instead of a couple of shots of '83 cell - the vilification if you look at the neighborhood look at the apothecarium the neighborhood i don't see it struggling i live here i see at ninth and mission where outside of the liquor store it is crazy all the time the dispensaries in my neighborhoods 3 within 3 blocks well maintained i don't think anyone feels threatened i'm no

longer taking analytics maybe a bluberger in the morning and at night it changed my life thank you. >> good evening, commissioners i'm robert i'm the former wanting golden gate neighborhood association which joins cal hallow and includes lombard from peers to van ness it borders i was president when again and again valley shadow as you the the only association to support edward the second and wrote the letter to the planning commission expressing again and again valleys reservations been the apothecarium i've changed my mind the planning department placed conditions on the permits notably restricting the medical

cannabis sales to 21 years of age those conditions aau laid any conditions and i met the owner and toured the facilities only market street security was tight and the apothecarium dispensary cannabis to individual vested at that facility here's my card where's my we'd it is more an pharmacy perhaps in the appellants toured their opinions like mine might have changed the residents of edwards with chronically adults able to vote and not need approximate that school children might the appellants object little children's that pass by train in a studio those are red

herring the notion that people that buy medical marijuana to sell to kids ludicrous and reflects a bias please uphold the medical cannabis on lombard street thank you. >> next speaker, please. >> hello my name is kevin i lived across the street into the and i hypotheses for over 2 years at 14th street and 6 street i saw improvements not neighborhood unlike other medical cannabis dispensaries nolo contendere summation is allowed inside the store i've not seen patients smoke inside the store a classy space patients are greeted by victorian wall paper as a gay man living in the castro i'm

troud p to have the dispensary a philanthropic orientation in 2014 i was in the circling events that raise money for research thanks to the apothecarium i exceeded my goal of over 5 thousand dollars the marina communities should be excited about that lastly i understand concern about altercation trek the wrong kind of people the medical cannabis dispensaries are open to conciliatory patients request proof of current residencescy. >> thank you nepts. >> i'm a residents of san francisco and local real estate agent i sell releasing in areas

that include mcds and i've worked request clients that transferred property and not having the location of mcd be an issue effect the sale at all if it was an issue it was hard to disclose as agents an argument like this can lower values but it increases values i poll this for the locations from 2001 to today from that times this apothecarium is in the unsdiefd portion of market increased of a 60 person up to one million dollars over they started in 2011

with the apothecarium brings security and anymore tyler businesses to a part of market not considered a good area this can be accomplished to lombard they may not be associated with property values but definitely have a positive effect uphold their permit. >> hello, i'm tim i'm a patient of the apothecarium a former policy in fact, at the department of customer foyers and at the new york city council and holds a market-rate from harvard university and smoked marijuana since i was 15 years old although fears are toward the children they constance point to any incidents or as a matter of fact to go support their paranoia it is not harmful

to the patient let's stop demonizing the medical marijuana and use scientific and rules as written when making those decisions rather than bland prejudice thank you very much. >> thank you. next speaker. >> hello thanks for having me, i'mal residents of northern san francisco and patients of apothecarium my first concern i want to point out no safe and professional access to cannabis on the northern part of san francisco we have to travel to other parts of city not convenient this is meg from the community i'd like not to travel across town in traffic and many letters of suppor from paramount letters of marina two from the pales board let me repeat two letters of support

from the appellants board their split 3 more came from the association including the past presents and current vice president the past president of the again and again neighborhood association wrote a letter as stated changed his mind from omissions to support i wished the appellants i visited the dispensary they might have saved us time the well run dispensary didn't create tribunal this is true in the castro and across san francisco in denver and other states does the appellant expect us to be believable that will be different in the marina i urge you not to vote on opinions fear mongering but the acts thank you for your time. >> thank you. >> good evening commissioners

i'm sheryl adams executive director of larkin services appreciate our patience to all of us i'm here to reiterate what was previously state by members of my staff and my board that life-saving have the is opposed to having the apothecarium to our facility on lombard and scott we have opted that since the beginning the process and feel that way about other areas other programs that we operate throughout the city we feel it is not handful helpful for our young people that experienced lots and will the of trauma over the many years they've experienced homelessness or other kinds of issues to be located that close and prefer them to be able to live in this site and space to be able to have a good neighborhood. >> i have a question members

of the public said a said agreement our operation has to deny this is that true. >> i mean did i express that correctly a few folks from the public said your organization has to say no to this because of a previous agreements. >> i think that is a misrepresentation frankly our agreement with cal hallow the same as our agreements with any thoughts neighborhoods associations are any of the neighbors with location we'll work with neighborhood associations on issues that are of common concern we've worked with cal hallow this is an issue of common concern. >> thank you. clearing that up >> next speaker. >> good evening optimums an aids activist and survivor i'm a

patient of apothecarium and have been since is doors open they're kind and you've heard that a lot but they are in fact, you're talking about that i want to say this i've been living with aids for 23 years and in 2000 i went into the hospital i was in the home for two months and coming out i've had a knee replaced and two neck surgeries and four more surgeries to go that is a lot and the medical marijuana helps me to continue to function on daily basis i serve on several boards and businesses, individual go to the apple store on cellist nut street and visiting the marina store frequently and that had been good for the communities even though they can't say see that now but they have given tons of money month to the communities over 3 hundreds thousand dollars into the castro communities and

communities beyond that thank you. i really hope you guys make the rights decision for tonight. >> thank you. >> good evening board members no more people outside so you're probably excited i've been a resident of san francisco for 16 years formally in district 2 a technology person a medical cannabis patient and follow the advice take a different perspective for the last two years studying the people in colorado and california and washington stat and talking to hundreds of people business owners and scomplunts activists and politicians and a few things strendz i've seen safeties only 9 percent of americans think that marijuana is more dangerous

than alcohol and tobacco 80 thousand in alcohol and death from open womb from heroin aau disconnection cannabis is not the problem the opponents will have you believe that the monsters will grab in their kids out of the cannabis plays and it is reagan in the 80s it all a lie direct you to the overheads the edward the second is right next door to a alcohol lounge the people saying there are about kids know they know is next door to a bar how concerned are they and the last point it is always in the argument i support cannabis not next to me the fact in dispensaries in the north side

it is easy for the location they wouldn't have been fighting this is a logical concern not buy a building and not make money off of it. >> thank you. >> hello my name is tap a 25 years old medical patient that lives in nob hill he support of apothecarium and attends it as a patients i'm a college graduate a young professional cannabis has helped me with stress and depression and you know is dispensaries attract other young people that are influencing young minds awhile taking my medication after together heard be miraculous foyers but it is a

quick side note to all the perseverance that have spoken in the marina if you're educating our children on cannabis and other drugs and the benefits the harms and why some people do and don't you've got to trust their make smart decisions because they're walking to school in the around dispensaries what about when in they're in school and someone approaches them with illegal drugs thank you. >> hi i would like to share research ami i've done and the youth serve businesses if approximate to the marijuana facilities in the city and overhead please.

one of the biggest concerns of shop location it's proximity to edward the second out of their 11 locations 5 within close proximate of a medical cannabis dispensary the same facility is 200 and 15 feet away and i and two more and more within a thousand foot radius. >> another one in consideration of the karate win the businesses 51 incidence and 4 is dispensaries within close proximity. >> thank you. next speaker. >> hello my name is boa

concerned consequent citizen and rugby coach with the legal communities you know looking at this through a legal lens california xanax youth act was passed 20 years cannabis appropriate for patients i underscore the term medication it is illegal it is going through the moving papers it hard to make sense if you accept this is an unlisted drug that interpretation energies the letter of law by blinds the california voters in fact, medical marijuana safety act heavy recollects this and convict for the fears in neither brief including provisions that protect children that apothecarium saves satisfies the state and local level just as

for the thread not mentioned poling to at length big corporate interests reading from the california protective to quote insure of the responsible midsized entities have access for a market for cannabis the regulatory system are not mop pleased by large corporation cancellation a locally business that serves local folks it is a first class operation exactly the type of small business that the california had in mind well-being with the legislation in the marina that leaves the larger corporation to move into this community thank you. >> thank you. >> hi, my name is canning i

lived on lombard street for 24 years a broke and a half from the proposed site i'm not a medical cannabis are recreational one and gain nothing from that i heard when an mcd wanted to move into the marina i also been supportive but not interested in it in my backyard but after hearing the owner speak on this i was converted i was impressed how their set up and the integrity and mostly by the fact that the san francisco police department stated the apothecarium has not been a nuisance and someone at the door it keep an eye on so many people are suffering from chronic pains and newcomers other continents don't get relieve from particle sulz and the past meeting happened to

meet up with a close friend two-time breast cancer survivor i need to head to a community topic meeting she made angle off had an if the aau pocket that's the one go to allergy gives go there it is clean i understand the initial resistance and those that are opposed refused to listen to the statistic the fears are based on assumption i think so that is concerning and presumes and to assume all residence are substance abuse i feel this business has every right to operate in the area eve it makes people uncomfortable but fills a need for patient living on the north side of

city. >> thank you. >> good evening board members i'm jeremy i live with my 5-year-old son and fiance i work as personal trainer the cal hallow association didn't speak for me and my family unlike c h a we've down done homework i don't use cannabis as 15 years as a athlete cannabis relieves arthritis and many other things that effect us i'm aware the cancer patients especially helped by medical cannabis i is no reason to drive across town that was prescribed by their

physicians we don't - even though kids what walk into the pharmacy it sells hundreds of drugs that kids what offer dose and die from the dispensary you must have a cards i urge you to deny this and not award the ignorance and fear that c h a has been peddles their exclaims are simply not backed up by complains or experience thank you. >> thank you. >> hello my name is peter i've owned any home since 1984 not a apothecarium patient and hope to never need that care, he was curious to exactly the risk of the 2410 and i wanted to see it

quantity if i had i look at the appellants brief the only risk a greatly increased opportunities for yes, ma'am pulls and convenient by presuming by those tenants there's nothing evidence at all they dew give evidence those tenants will take advantage of this opportunities it is procure speculation i think you can't make a decision based on pure speculation and is speculation is more so when you consider one the executive director of the larkin youth association whatever it is talked to the community marina community association agreed that is more difficult for the tenants to buy machinery at the apothecarium then get it is a legally and also minimizing this risk is the fact why would those tenants

with very, very little money pay double the street price of marijuana by buying it at the apothecarium i had a communication with the schdz of larkin street and the chp and told one they don't ban smoking do you allow patients withoutal denial we strictly honor the privacy of the attendance in neither rooms they've effectively given those tenants a license to smoke marijuana so who is going to worry about those tenants when they have a license to smoke marijuana in many their own room. >> honorable commissioners i'm dennis richard the vice president of the planning commission and i'm here as an

individual citizen not going to speak but after hearing the comments and some of the comments from the d s i indicted to speak so you know some folks said i haven't met a medical cannabis dispensary i voted for the against the one on affirming not a great place to put that that's like putting an mcd in the warriors arena we have a levi stadium decision given the background our decision we'll talk about no clustering not from one thousand feet from the daycare center the current apothecarium is across the street from the karate school

and no complaints into the panes of the kids going to karate school and known known issues mcds in the city are close to the kind of businesses the neighborhoods you can ask mr. sanchez if there are reasons specified i'll be interested no body of evidence that you heard the presence of an mcd increases the livelihood that agree child whether abuse a cannabis no please activities or complaints on the aau forgot years i made the motion to take discretionary review i understand the concerns around the attendance in the hotels i ask we originally have a 25-year-old cut off point they can sell cannabis we were told or lead to believe we couldn't

do that forestalling but paired it back over 21st years of age we asked for no delivery so someone can order across the board i'm speaking speak gnaws deputy mr. owen clued me in said do businesses we're allowed to set a threshold forage for recollecting the business activity i would suggest if any hung opinion take the train of thought as a planning commission i'll grant the appeal for the neighborhoods, however, i'll approve the project with the condition that none 21 to 25 years old will be able to purchase from that medical cannabis dispensary formal a period of time may be one year or two years and at the end of that sunset have a memorandum of understanding or another hearing to see if there are issues and decide whether you want to

reduce that age requirements or noticing not it is a sensible and reasonable approach it goes in line with the concerns of the mayor and the neighborhoods many adam if the hotels a win-win for everybody thank you. >> i left my heart in san francisco >> we give you more time mr. richards granted our board is not subject to the planning commission you're before our board and have read information the board vote was closed you said i conditioned it at 21 years of older with no deliver that the idea you heard your initials idea was 25 why want. >> we were lead by the city attorney that said that goes against subtly we're seeing individuals become of age we

didn't understand be if you're regulating a business activity with use that is actually allowed i took that the deputy city attorney that's you are intent. >> i'm asking that myself and appreciate that you come forward. >> sure and look how quiet in the room oh, my goodness we are really go and . >> i'm coming to observer observe that light bulb went off n my head thank you. >> good evening my name is torrance i'm a founding president of the entertainment commission i've sat. >> commissioner. >> i know another commissioner. >> i'm retired and speaking as an individual's person and one fact in colonel cotton unanimous surveys were given to 40 thousand students before and after legalization to determine

why there was any change in the use patterns colorado children are not smoking more cannabis since the drug became legal they're not smoking more cannabis this report was at the direction of state public safety i think that fact be entered into the records thank you for your patience. >> any other public comment on this item. >> seeing none, we will start of rebuttals whose got sleeping bags. >> when i get shoulder surgery i'll consider another treatments

okay. so many thousand overriding thoughts is there's legislation in place that says that multiple populations need to be one thousand feet away you get the feeling why not eliminate that why not go to the budget analyst report put them next to where the children are everything i heard not a threat i will say that i'm highly sympathetic i'm convinced of the benefits of medical marijuana i'm glad it is available in san francisco the issue still remains that particular location is next to vulnerable youth the k housing transitional is not identified but they're vulnerable and that's where what we're asking you to make that discretion i think that future legislation should be modified to include that component and

also the schools and the studio a couple of doors down again, the same vulnerable youth one thousand feats are supported to protect that's my first point and a little note when they said not within our boundaries it is because the address is scott street and you are boundaries are scott to lombard - the interpretation of the point it didn't increase the use after all adolescent use is honoree other states other than emergency can contribute to the medical marijuana and warrant investigation so a little bit

more to the lance article than you heard today this is not a reason we opposed it but likely this will become legal and that will change dramatically the clinic tell on cellist nut street the plan b anyone that spoke i'm perfectly happen but fine wonderful people and not that the users on chestnut street wherein otherwise but a huge advertised a tricky part of the area but a lot going on lombard street. >> i'll let you finish our thought because the permit

holder gave his time up. >> that's when it becomes legal another comment i want to make someone said that cal hallow has a strong-arm that is not true and they said that have not been good neighbors we meet quarterly how can we help and what can we do i wasn't going to mention we give christmas gifts to the edward the second and got a very nice not thank you for making us feel part of neighborhood i don't think that is true we - when something comes in we make it work they're our neighbors. >> that's all i have to say thank you for your time i appreciate that. >> i have a question you say

if you're brief locating a mcd from across the street edward is an opportunity for he means pulse important marijuana by the average resident and not only that dribble but by the guests of the residents i'm not understanding how this happens the implication someone get medical marijuana and peddles it, it is restricted to the dispensary is that note true. >> you mean edward the second it is hard to get in. >> having this across the street is a greater opportunities for convention by at risk residents i'm not united nations. >> they indeed can have medical marijuana cards they can use it that's true their lout to have it guests up to 10 nights a week maybe the actual resident

didn't have a card but a gift guest they can walk across the street and get it operationally is that clear. >> clear as mud any other questions thank you very much rebuttal from the permit holder. >> i'd like to introduce a talented lawyer hopefully, you'll see more info the future first of all, the ballot it initiate explicit said this somewhat not effect any cities ability inform regulate where they go and in fact, in san francisco case by case if it is legal recreationly to approve are december approve this is

wrong again, the zoning administrator is contrary this is one of the most intents of traffic very, very loud and active if the medical cannabis can't loathe on one of the descend certify where can it locate trying to locate in fisherman's wharf the planning commission turned it down let's not contribute to the lack of this we've lost one in a week in the city by the way, market street with the blue line this is where they are other than long market street and south of that there's one in northern portion of the city western here on geary street and assess close by the way, if it is true that

the cal hallow association is in - this tells us if you look at the agreement between the two of them it should reassure that you cal hallow as often as we want to go into the cal hallow and larkin street and observe didn't say any limitation on times of the year between the two groups of cal hallow and larkin that means they'll look at the apothecarium is interacting with the residence inside under from time to time i think you should be further assured that will be properly supervised a good site and keep these in mind the planning commission put in that the permit holder cvs has to

come back a report by the neighbors how the neighbors felt this and i hypotheses fit into the neighborhood and the planning commission as you may know has a right 0 revoke any permit upon a violation of any rules that supervision and the close supervision by cal hallow of larkin street should assure you this will be kwalg sprfrdz problems will be observed and dealt with there is recourse thank you. >> what does you think of the 21 to 25 idea. >> i've done a lot of legal research and put san francisco on the overhead this is a case where in the rental cars refused to provide a remedy car to someone of 24 years of age they

sued the urban supervised act says a private party should not discriminate on age and there is a reasonable reason and reason it is alcohol tied the court said, yes it is true that the court will not allow discrimination under 21 yes, but abc rules under 21 over 21 people who disseminate by age kaefl scrutinize ♪ rental car case the court said the california lunch break wrote this to allow them properly to disseminate against people under 25 because the large project authorization said that people that rent cars under 24 will have a bigger clan chance of on

accident i think this wouldn't be legal it would be a class-action very expensive to defend >> thank you. >> mr. glad men are you aware of the opposition. >> i wasn't part of team i know that contrary to the memory of the moe joe owner he recalls moe joe and talking to the client. >> i'll have him speak thank you. >> i did reach out to j.t.

collins a very, very well or not man in the neighborhood the president of the association called him in high regard every single one of the merchants called him in high regard and so we were proposing to folks to do that when we talked to him you need to talk to j t it sunk into the location for the site i reached out to him and from his friends and e-mail took a long time for him to return any of my inquires he eventually accident. >> answer any question. >> okay sure. >> where you aware of opposition to our use of before you purchased this this. >> not aware of specific

opposition this board knows there is opposition to medical cannabis dispensaries given the the fear and governance ignorance and don't know what the real experience it in san francisco. >> when were you aware of opposition and when i mean pretty early on with our initial location as well you definitely get e-mails and calls the first presentation i gave was april 20th two years ago to the marina association and the middle school you go approximately three hundred people there the last speaker i got a round of applause and detractors but only a few i feel that probably half a do so questions and to my surprise got a round of applause from the folks. >> what about the testimony 69 percent of merchants are

opposed. >> i didn't scratch that in the brief so we have no less than 20 snatches or nearby merchants that have in our packets before us that's the first day i've heard 2/3rd's of 69 percent. >> phrase this correctly listening to all the testimony this is really about i'm away of how many mcds. >> the one current location and little 1 on noriega street we're drawing from. >> so given you know seeing models that same best type why would you give that one up over lombard street. >> a huge likely withdrawal the

costs of this sites two plus years in the making wimentd down $20,000 into the communities as members of my advisory board can and i test we've wield that do you thing this is one of the ways we promised to the get go for people. >> i mean when you look at it as a business person i'm a business person you scout out what you'll side and see what your plans did you buy that location on 32 avenue. >> no a lease. >> so potentially did you sign a long lease. >> this is opposition so leases upon approval. >> you guys have been there

how many years. >> probably 18 months no over two years we'll still being able to get have to lease. >> thank you. >> i have a couple of questions about how many patients that term you see a day. >> a couple hundred. >> and is there is an age check performed how do you guarantee. >> yeah. everyone that comes into to our door a new patient with the cannabis from the relations and a california id not out of state or passports we verify that recommendation with the physician over the phone are through a we get from the physician has a thing they filled the rules and regulations and things like that takes 7 to 10 minutes for is vifshgs and

calls by they're first name and spend time they having come in with their california driver's license we have everyone's records on file their driver's license and their address and everything unsurprising people act well when you know who they are as a result we on this had to act people probation officer leave the premise half a dozen dozen for low blood sugar momentums and two or three people said i'm sorry for my behavior we'll allowed is an individual limited to how often how much. >> yeah. two ones per month. >> i was your honor, aware i don't know about an mcd legalization passes i mean are

you going to seek to sell to the public. >> way two early to make that determination so alma the use of marijuana act will be revolted into under the medical regulations that are currently and the rules for that the regulation have yet to be formed by laura the director of that agency so we haven't been not to make that decision likely or possible but just so what people are saying that act didn't remove any powers many municipality has to regulate our business that was firmed by the supreme court in 2012 and didn't remove it. >> you have a great business model. >> i will assume that is the national course of action; correct. >> we'll look to the states of

colorado with 18 hundred dispensaries half are medical good reason certainly types of clinic tell and different regulatory schemes it comes down to come up of different factors but the medical thing is very much in colorado despite the things. >> thank you mr. sanchez. >> you're still here (laughter) this property met all the planning refrigerates for the location issues that's been alleged not the intent of those locations i wanted to back up a little bit how they develop those rules so first, we have properties in 1996 allowing

medical cannabis really no clear rules how to implement for quite sometime afterwards and medical cannabis dispensaries opened after that act and in operation before the controls in 2004 the state through s d 20 where they're sold and limiting what smoking can occur in 2005 we adapted the moll act that built on the limitation for sale explicit but consumption and had that's where we call forth with the one thousand rule for schools and recreational facilities advocating for those no 18 years of age this meets all the requirements those are things that were developed could have been recreational facilities or recreational

fascists over 18 like or chiropractor d but is explicit we have realize in effect for more than 10 years subsequent in 2011 the state adopted prompt rules it is 6 hundred feats to the in this case the studio across the street this is the justification for denying it but those are as much right no proof neatest for the desirability? as of right and find exceptional or

extraordinary to deny those are professional services that karate exceptional or extraordinary that should result in denying one and certainly one of the items you can consider in the hearing and all items free to consider we firmly believe that the planning commission did properly approve and met all the requirements this is an operator that has a track record in the city on the recent relocation a anonymous support from the communities and heard some of that today with that we'll replacing request you uphold the planning commission request and i'm available to answer any questions. >> we're not down done with an age restriction of three. >> i'll defer to the city

attorney and staffs opinion not parts of our initial recommendations and something the project sponsor adopted and volunteered that and the planning commission opposed that personally i don't think that is a necessity not in other cases even the 21-year-old limit - building the department are looking it any reason to think that mcds will automatically become sources ever recreational use. >> no, i am not we have local land use this is clear he know

that and have a task force it is working how to implement overseeing laws they change i think there is a lot that up in the air and keep in mind prop 2 passed in 1996 yes and we didn't have the medical cannabis act until 2005 those rules it takes time and we expects the world to change if this passes there will be time and there will be a public process surrounding that. >> grandfather is not a given. >> not necessarily the rules for those are pretty strict there are green zones and easier to have many other uses in the city than in the medical cannabis dispensary.

>> it feels like and race i'm aware of other medical cannabis dispensary clubs or whatever they call them at this point when protective is arrived that. >> a lot of speculation there's a big risk over my time i've been a negotiator for 6 years you'll consistent get letters of determination go is that a proper place for an mcd and throughout time we will have

actually fewer mid block and some are lloyd their location and when the mom and pop's come in. >> i don't have the total they're building back up the speculation maternity pass. >> like 37 era 39. >> close to more than thirty. >> i was close 37 or 38. >> exactly. >> okay. >> thank you mr. sanchez commissioners, the matter is submitted. >> so before we get stated commissioner swig he indicated he really mind to participate ♪ vote but i or evolving i vucht

he's not hear it is interesting that the va brings up how planning has changed a little bit but some of it was in reaction to the initial cases that came here i were the first one that came here and there were >> that was fair oaks anyway, the issues that came up both between the regulations related to mcds and to the issues between neighbors and the operation the facilities themselves created a series of

dialogues transmitted into the changes that was mentioned in terms of our last mcd that came before us we rejected it on the basis that our definition of what was parts of the criteria that was absence broader than wiftd and that particular case certain another segments you wanted to use of term of vulnerable population that caused us then to overturn the permit and revoke it

this particular case i'm of a similar opinion and therefore i think that they should have had a much more extensive process in trying to find a commodity location with the neighborhood and the - versus encino's a fairly strong push on a procedural political basis i'll go next 24 hearing 3 and a half years on the board it hits close to home i had advanced collin cancer late detected decreases said you have a 50/50

chance of survival rough times 3 months ago later sorry our son was diagnosed with cancer understand and xanax about marijuana and is positive effects to one strengthen my wife insisted we do chemo therapy and one gentleman says they said it could go to 3 months and gone in a year and gone in two i don't feel my fingers or toes i'm an annoyed guy sitting up here for 5 years is terrible like our foot and hands being asleep

sometimes that is so moved so bad when i hit my eye phone it didn't recognize a finger is there listening to the testimony is tough me personally but i'll be honest i felt disappointed this definitely i felt disappointed that some of the stuff was script it felt like some of it seemed sincere he felt people were reading a letter they maternity have written no talking from the gallery at this point i don't know personally like i said since api i've been here in

mcd habilitation successfully passed f this particular board for one reason or another i have a serious concern and everyone story is touching not a contest i. (the following proceedings were held in open court, outside the presence of the jury:) by side chemo with my son and last year my daughter has a kidney transplant so i thinks the benefits of medical marijuana it did wonders for me your anxiety and stress the ability you can't eat and eggs and chicken and lift ev'ry voice and sing sole makes you nausea i giddy went downtown to one hundred pounds i'm one and 50 my concern there is at risk home across the

street you're not a survivor until your 5 years clean i'm feeling the cancer think a regular daily basis the fact my daughter goes to school a medical cannabis less than a block away and eventually a bad one called mr. nice guy they're gone any daughter wouldn't u couldn't walk that block a dangerous situation when i picked up her up, yes with the chemo bottles attached to any side have kids that are at risk and their were adults they can do what we want it is a concern and i you know listening to the testimony i appreciate everyone's stories it is fantastic i appreciate you know someone from the planning

commission that took the time to spend after x podium of hours to be here an additional 8 to 9 hours and two more cases to go for us; right? >> i think that there should be a little restriction if this kind of dispensary could go forward and kids i have a 27 and an 13-year-old so that's my $0.02. >> i have a slightly different view i appreciated many of the stories and i some are heartfelt i focused on the is science and

data i tried to put aside the motions and feeling you know >>we live in a city and there

is no facility in this area and there are people that need the facility. the business has a spectacular reputation even though the sign says so i'm not sure where i come out on that but i'm leaning more toward-- i'm leaning further away from you then-- >>what about the age?>> i am not about telling adults they can't by maryland medical marijuana that doesn't work for

me. >>i think you know that i all come out on as a reasonably strict constructionist on these things. >>do you want to make a motion to see where we are? i will make a motion.i will make a motion on the basis that it doesn't meet the criteria of the planning department. >>vice president fung i would

ask that the reasons be articulated more fully.so we can call the roll on this motion of intent to grant the appeal and denied the comment on the basis that it doesn't conform- on the basis that it would be articulated and adopted at a later time. so, with that president honda.>> aye. >>commissioner wilson. >>no. >>that motion fails 2:2 with one absent. >>in this particular case with the missing commissioner % >>the missing commissioner

would make a difference in the outcome. >>so, it seems there is no other motion being made or no? then this motion fails and the permit is a upheld by default andby >>[gavel] >>we are going to resume the june 22,2016 meeting of the san francisco court of appeals we are on itemnumber seven

appealing the issuance on march 30, 2016, to san francisco municipal transportation agency, of a tree planting and removal permit (removal of eighty-six trees in the median and four street trees, with replacement of two hundred and ten median trees. and we appreciate everybody staying this late and we will start with the appellant. >>good evening my name is deanne delbridge.i wish as many people could stay to speak for the trees as they could for marijuana. they will be selling marijuana to everybody that gets in right

away but anyway priorities. i feel like this is an impossible effort tonight by the few of us to save our city from the bulldozer of inadequatend poor planning that is increasing in my opinion in san francisco. when we put the first slide up it's not coming up for some reason. is there reason our stuff is in coming up? >>do you want to use the laptop computer? >>yeah. >>alec, why don't you pause the time for a moment and we have asked for them to help us with the laptop. okay, he got it. >>so gary, do you know how to do this? oh, it is coming okay.

>> i figured had to do this after watching our hearings for the last 5 1/2 hours. >> it is still not up yet. >> i will just go ahead because everybody is probably as tired as i am. okay so after the desperate need of opening a pot store at the marina we have lost the desperate need for the uninformed public and help our cause. san francisco belongs to all people.i do want to put it up >> they are going to lock up my

car. >>okay the garage is going to close soanyone who needs to should know move their vehicle. >>i'm sorry. >>i should've asked you gary about this at the break. >> >>no, it should the it usually works. >>okay. >>it's only going to be a minute or so it is coming up.

>>i don't know whether i should take advantage of the time are not. >> you won't be able to start without the presentation, they go hand-in-hand. we could start with public comment. >> >>and you don't want to postpone this for another time because your backed up? >>okay, i know if there were three commissioners than the option for returning would be there but we don't need for we

have three and were moving along.let's get it going. >>we can take public comment if the parties want to. >>can i have a show of hands. we will do this democratic way. who would like to start public comment? it looks like no, okay. we can wait. >> [laughing >>i hate making everybody wait.

i have to say that this process is somebody advised me to tell you this and then i decided that i wasn't going to but since we have time i willbut i just want to say that it is really, really difficult as an unpaid volunteer- >> laughing] >>really, i didn't know that i had no idea. i feel so differently. i had no idea. >> why don't we take an adjournment until this is up. >> don't be offended. i didn't know i didn't know. they

volunteer their time to do this? >>oh yeah. >> i didn't know he wasn't paid for it. >>do you have a hard copy? >>no, i do not have a hard copy. >>what you gave me one. >> do you want to figure out? >>why is it not coming up? >>do you guys have hard copies?

>>we don't have hard copies. >>on my computer it is function fa.

>>[gavel] >>it looks like we are back on. this is the june 22, 2016 board of appeals meeting. we are on item number seven;

appeal number 16 057. >>this is about tree cutting and not treat planting. cutting down these trees is about the emotional and aesthetic value that they embody. these trees have value. they are not just vegetation. the defecation of the very character of the city. dehumanizing this highway will have profound negative effectson their quality of daily living the quality of their life matters and their mind matters. is one of the largest urban forest in the in

the united states and what it does for their mind consciously and you're setting a negative precedents for the united states.and howto integrate the industrial and technical. interventions with nature.if you go back these are beautiful, beautiful, trees. this wrong turn will wreck a major artery the historic marino can out on highway 101 it says it will take three years to

finish this project.are you kidding? anyone who's done construction knows it takes twice as long is way over budget. right now it is at 13 million and up. it'll take longer than three years it will take at least six years. six years to finish this project buses are running on van ness without wires so why remove the vintage lamppost on the excuse that they can't support wires. there's no reason to do that. the sfmta claims it's too costly torestore the lamp post

they could, or from around the world to see their name on itit could be in a great way to involve people in our city we need adequate public input to turn this current plan with devastating consequences to the character of our beautiful city into the right solution for transit in the greater community of highway travels. >>could you pause for one second i have a question. in regard to that lamppost that are presented, is there any reason why we can't keep them? >>i don't imagine.if you may

recall this went before the board about the lamppost. >>there were two reasons. they couldn't accommodate the wires and they would be too expensive to repair when in fact, less than 50% are in any kind of deterioration and they can be repaired. they did it for berkeley and they did for oakland an architectural lamp designer. i didn't start years ago with the mta i wish i had i wish i had. things would be different. it is not too late, it is not too late to halt this plan.we need to make this come out well for all of us. for

all of us. >>you can ask for rebuttal and i don't believe we have any at this time. >>now we can hear from the department. >>thank you commissioners my name is bobhasey behalf of the sf improvement project we uphold the tree removal project under these new conditions. the improvement project is a major infrastructure upgrade including a globally proven

transit system to improve the liability and increase ridership. this will also deliver safety improvements for all street users. additionally the project is designed to enhance the design and create an interactive a middle street and provide guidance for the city plans this was concluded in 2013 from local, state, in federal agencies. jurisdictionfor the project was shared with sfmta and caltrans and they have asked for us to rule on the overall project rather than just the appeal this has beenppreviously vetted

and finalized and rather to reconfigure the median to build the project and the nature of environmental impacts associated with the project including tree changes. under a maintenance agreement with the state sf public works maintains the trees and the public works determines what trees are to be preserved in which are to be replanted. the department has a long history and as you may know was started

in 1995.lastly, in its current configuration it has been approved and legislated by both those boards by caltrans and by the federal transit administration in this process was concluded in 2013. >>today, i'm going to describe how these trees at van ness were incorporated into this design. throughout its history there is a sample of this outreach here and it's again described in much greater detail in our brief. the projects effects on the urban forest was given special consideration and disclosure from all steps of development from environmental scopingin to the final design described in our brief. this directly complied with the design. the

project had to comply with the minimum limits of caltrans and we had to seek special approval from caltrans to get the special space in the median. these were special alternatives and all were considered in addition we tried to preserve as many healthy trees as possible. in addition this considered every existing median tree. this included the clearances in which trees needed to be removed and which were feasible to preserve with each alternative. this analysis included trade-offs for each and every trade and thhis was included in all the materials provided to decision-makers and to the public all steps of the way. the design of this project requires the removal and replacement of 86 median and 14

sidewalk trees. of the 86 that you are concerned about the ride canopy less than a quarter of those would be considered to have large canopies. once that median would be reconfigured for the [inaudible] more than hundred and 86 along the median avenue.i'm going to turn my project over to >> during the process we did a very rigorous design for selection of the tree process. as part of that public works created a tree selection

criteria matrix of eight factors such as climatic considerations, maintenance and scale urban survivability in the factor of urban survivability was taken into extra consideration.there was evaluated 24 possible tree candidates. as you can see we were then able to shortlist our tree down and then the members of publiic bodies participated in that panel as well as public

that participated in this process. the was the median tree species and in my personal opinion it is truly a beautiful tree additionally, compared to other speciesit is a faster grower, it can be planted on a 25 feetcenter and within 20 years it gets 30 to 40 feet tall and the design will vastly improve van ness ness avenue bringing back the boulevard that it was intended to be .

>>in summary, the design will make van ness avenue a primary corridor and this should be reported and upheld. >>thank you >>thank you mr. buck. >>good evening commissioners are good morning. i'm not sure just yet. chris buck, urban forrester with san francisco public works. just some general background on the project with some perspective from us just in general the role of public works here was to look at the locally preferred alternative that was selected and understand how many mature trees would be protected and remain in place with the installation of the project. it was also reviewed by a court

science which was a nationally recognized arborist company one point to make was that our director of public works had to make a visit to sacramento to visit with caltrans to allow any replacement trees because the guidelines are typically written for someone like the 101 or the interstate 5 in this case it is obviously a blvd. in the city and with the replacement trees we had to go and bake the commission to get that just as an aside and i

just want to state that the proposed removal do not violate the public works code and are not significanttrees as are defined in section 810 a and significant trees are trees that are on private property in the first three plans are significant trees and significant trees have a lot of information in the code about how you have to define how great they are and how they were impact the urban environment and that process was reviewed through mtas environmental review process and public outreach. what else? removal with replacement was considered on august 24, 2015 when we held the hearing and so the emphasis that is aabout planting or not planting or removal the emphasis was removal it was heard as removal were talking about

removal.martha has explain the process i am in urban forrester and i don't get to make the decision finalized. i just want to acknowledge there are a lot of different departments in the arts commission is weighing in on a replacement species. it is not something that we typically experience but that's a level of review that have occurred with this project. i jim and just here to say our process has been followed as it always has been in the code has been followed just as it always has been and if there are any questions about the process i will defer to sfmta to discuss the replacement process. >>are these currently replacement trees? >>typically they are the eucalyptus for leah i'm sorry karen bs at eudora it is a

lemon scented gum and it is in keeping with some large stature existing eucalyptus in the median and it is just to show that a lot of cooks are in the kitchen and even the urban forrester does not get the final say. with that we are very confident that the replacement species is a really well thought out decision for replacing the trees in the median. >>so no construction especially city construction gets done on time. it is just universally known so were to about three or 45 years without these trees? >>i would have to refer to mta staff to talk about the

construction timeline. >>i think it said were talking about taking out 86 trees? >> we're taking out 84 median trees andfor sidewalk trees. >>these are directly attributable to the installation of loading, pass and massing. the sidewalk- so whenever there will be a large city project the city is not going to ignore the sidewalk trees so we say what we have out there in terms of street trees and then we do this for

every project we walk it and we determine what trees are out there and what condition they are in. so we identified 106 sidewalk trees that we thought were in poor condition or not likely to survive the impacts of construction. at this point we killed off that decision and we have really focus the mta moving forward with the project itself. we did also talk about street tree removal at that hearing that decision will be released very soon. we didn't want there to be two decisions that had to be appealed simultaneously. the key project here is the van nessbus rapid transit that is the key focus here but there will be replacements both in the median and in the sidewalk with the street trees. so we still do have issues relating to the street trees. we will likely

be back here in a couple of months relating to that. but that's all i have for that. >>okay thank you. >>i have a couple of questions. esther buck, is there a different removal with the tree removal and the tree planting? >>if you wake up and you feel inspired and you want to plant a tree that requires a planting permit. but we're talking about removal and replacement so that is why species does come into it. >>my trees in the median trees

andmy second question is who has control over the street trees? >>the department of public works manages the street trees as though they are i and we have a maintenance agreement to them. >>i've been on the board for three and half years. >>one clarification we said they were on a maintenance agreement but the street trees are also in caltrans jurisdiction just a technical note on that. >>so as i was saying i was on the board for 3 1/2 years and

we are tree stewards. last time i was here your predecessor through us under the bus saying that we remove a lot of trees. in the history that i've been here we do not remove a lot of trees. and what i am constantly reminded in hearing your testimony and from the department is the length and how long it will take to get that canopy back. in this particular case, can you explain yes we are doubling trees but i hear you over and over talking about canopy and what that does so can you explain a little bit about that? >>sure, i can talk a little bit about that policy. what i'm going to focus on yet we do we are always up here saying that trees are healthy and sustainable and we always prefer to maintain mature and healthy trees. it is no secret that during the vetting of the

van ness rapid transit the public works in at the was not a preferred alternative process. the process that has gotten us here has been lengthy and if we have projects that are essentially fully approved is very difficult to deny that request. we know that large, mature trees provide much

greater benefitsand it's not my job and i've never been a big one to sell how quickly and how fast the replacement trees are going to take over because i feel likeyou are already moving beyond the hurt of the loss of the trees and i call it a loss because it's going to hurt.so what were doing a removal process you have to acknowledge if we have to excavate to install that then we need to read the writing on the wall. the basis of this decision is that we have a project that is approved. as i am the urban forest tree council i went before the public works to make sure thatyou are discussing

with the public and you let them know what the breakdown is for the loss of these trees. it is going to be a big impact. that is something that they did do and they could speak more to that. >>timeframe for the canopy replenishment to be restored to similar to what we got in my second question would be what is the age of the trees that are currently on than avenue right now? >>i will probably prefer to martha cantor to provide feedback on those. she spent a little more time doing the analysis. >>you know, the age of the trees existing right now and dramatically and a few of the- that 23 are healthy trees. so the average

age varies from some planted in the 50s and 60s to solve that were planted about 5 to 7 years ago because i know i saw them go in myself with when director newro was the head of operations. >>with the trees you are currently planting now what time frame are we looking at for restoration versus the existing canopy that