different agencyies. >> the standard practice with this, for example, a restaurant or food-related business, it goes from d.b.i. to public health or other agencies that have to be involved. >> right. and public health is familiar with all of these regulatory agencies so we can rely on -- >> yes. we are very confident of their work. they have extensive staff on this issue. >> it seems -- i was one of the folks who was advocating for not restricting the uses. however after further discussions, if i understand correctly, the categorical exemption for something that could potentially have pretty deep environmental consequences because of where it is, the context of where it is. such close proximity to residential and other uses. and so while i understand that

the department of public health, it's not quite like a restaurant, right? the potential impact could be potentially much more serious, depending on the use that it is. and so if i understand correctly, the discomfort is more about our process in reviewing the environmental consequences of permitting this and whether we have reviewed everything and we know that it's okay. >> my only concern -- we don't have the expertise to understand whether a particular hood would work in a particular situation. we have to rely on the expertise of the other agencies for that, right? so i don't know -- it's typically not a level of detail we would get into at this level of entitlement. but that's the challenge i'm suggesting. that's why fairly routine for us to have, within a categorical

exemption, rely on existing codes and policies, existing code language that invites and requires other agencies to be involved and their codes would kick in. i think we are getting into that level of the entitlement phase of a project. >> did you want to add something? >> yeah. considering there's a building permit that's going to be attached to every tenant, we are happy to agree to a condition of approval that as part of the building permit review process, the department of public health reviews each tenant and makes sure they have all the necessary local, state and federal authorizations before a certificate of occupancy is issued for that tenant. i think that would go to addressing the concerns. >> commissioner koppel. >> sounds like a really good condition to add. with that, i'll make a motion to approve with that condition. >> we have a motion to approve

that you seconded. >> happy to amend it. >> very good. >> you need a second? >> there is a second. >> i'll second it if we don't. not sure where we are in the process. [laughter] >> not sure if there was more deliberation. >> seconded with that condition attached to it. thank you. >> seeing no further discussion, there's a motion that has been seconded to approve this matter with conditions as amended to include that the department of public health review all building permit applications for local, state and federal regulations prior to issuing a certificate of occupancy. on that motion --

>> wasn't that condition for each tenant? yes. i want to make sure that's clear. with that, aye. [roll call vote] so moved. that motion passes 4-2 with fung and moore voting against. that will pace place us on item 14 for case 2019-004451cua, 2075 mission street. this is a conditional use authorization. please note on july 25, 2019 after hearing and closing public comment you continued this matter to october 17 and on october without hearing you continued it to today's date. commissioners, on july 25,

commissioner richards you were absent and commissioner diamond, you had not yet been seated so you both need to acknowledge you have reviewed the previous hearing and materials. >> i have. >> i have. >> thank you. >> good afternoon, president melgar and members of the planning commission. department staff. before you is a request for conditional use authorization pursuant to sections 202.2, 303 and 754 to establish a cannabis retail use measuring 3,590 square feet on the first and mezzanine levels of an existing three story building. it is located at 2075 mission street. the alcoholic beverage special use district and bulk districts. the upper floors are occupied with subject tenant space last occupied by a cosmetology school which vacated prior to this application.

the project includes improvements. the existing sign will be preferred with a new face. the applicant is a qualified equity applicant who previously operated a medical cannabis dispensary prior to being shut down during the federal crackdown in the early 2000s. he prepared a presentation. in terms of sensitive uses, there were no schools or other cannabis retailers found within 600 feet of the proposed location. the primary potential sensitive use identified were listed in the executive summary of the project. as such, the project was found to meet the 600-foot rule. the project included an request for authorization of on-site consumption. the floor plans include a

consumption lounge. department staff requested on the cases that have come before the planning commission to develop criteria for when the department may recommend allowing or disallowing on-site consumption. whether similar on-site consumption uses are allowed in similar businesses. controls have been added within the district to limit uses in the corridor. the second question was whether there are public spaces that could be impacted by smoking that may otherwise occur on-site. there's a small park sid zone around the block from the site and the plazas one block north of the site. but there were no spaces immediately adjacent to the project site. the final criteria is community feedback on the subject. at the initial hearing for the project, we received opposition to the request for on-site

consumption from some key neighborhood groups. those groups have issued a recently issued a new letter of support for the application, and i believe they are silent on that issue. however, given the existing zoning controls for the district and the policy that the department has set for on-site consumption, the department continues to recommend a conditional of approval to disallow on-site consumption which would require plans to be revised prior to approval. in terms of public comment, prior to the initial hearing, the department received one letter of support of the application and none in opposition. since the original publication, the department received 87 additional letters of support and one letter in opposition. letters in support express support for the business, confidence in his ability to manage a business based on his prior experience managing a cannabis out let within the same district and strong support for authorization of a consumption lounge as part of the request. the letter of opposition was

received which is opening a new school campus at 18th street. the letter expressed concern the compatibility of the proposed use with the opening of the elementary school campus and concerned the school is not shown on the cannabis retail map which the department makes available to the public for information. school is not yet in operation but it will be added once the school begins operation. however staff also did verify that the distance between the proposed school campus and proposed retail location is 763 feet, which follows the 600-foot rule. this application has been continued twice to allow additional time for discussion with neighborhood groups, specifically united to save the mission. the applicant did reach an agreement for a memorandum of understanding with u.s.m. this week. i believe you were just provided a letter to that regard.

u.s.m. indicated to staff it is in support of the authorization to specific members of indicated concern with on-site consumption. planning code 303w directs the planning commission to consider the geographic distribution of cannabis retail uses within the city. the city control's office is including a report including an analysis of this geographic distribution. the department recognizes that most cannabis retail uses are already located on the eastern neighborhoods including the mission. it is not prescriptive on how the commission should consider the uses in the city. but when it comes into an overconcentrated district that directs applicants to conduct extentive community outreach and expects community support as a precursor to the project. the applicant has a prior

history of operation within the mission district and a finalized m. o. u. with united to save the mission. while the department remains concern, our pipeline remains focused on the eastern neighborhoods, at issue is a lack of applications being received on the west side and lack of commercially zoned properties in comparison to eastern neighborhoods. given this applicant has neighborhood support, staff finds the project consistent with this finding. as the use activates the vacant storefront, complies with the general planning code requirements for cannabis retail, supports the city's equity cannabis programming and provides economic opportunity for those in the district, the department recommends approval of the application. thank you. >> thank you. we will now hear from the project sponsor. >> again, this is the second hearing. you are limited to three minutes. public commenters, you are limited to one. >> okay. i thought we had ten minutes

because we weren't heard. >> you were heard. >> we didn't present the case. we just -- requested a continuance because we were working with u.s.m. >> yeah. i think that's right. we didn't hear it. >> all right. >> you want to give him ten, five? >> we'll give him ten. >> i think we'll not -- we'll probably only get five, ten minutes. >> i think you have overwhelming support, which is great. but we don't necessarily need 50 people. thank you. [off mic] >> good evening, president melgar, commissioners. my name is brendan. i'm the attorney, i represent mr. hunt and the united union station project. i asked if i could provide him introduction tonight for personal and professional

reasons. i first met mr. hunt around 2006 when i began practicing law in the cannabis regulatory space. my father who was a staunch advocate for cannabis and drug law reform. at that time it was compassionate use providers and also served medical patients and the compassionate act. i see commissioners tonight that i remember from that first era of -- or that first wave of cannabis applications for businesses. a medical cannabis collective operated successfully for years before the justice department crackdown of 2011. his landlord was threatened. although we fought hard to save the business, the power of the federal government proved too great and the business was forced to abruptly close, taking with it the jobs, the community support, the legacy and mr. hunt's life work. since that time, mr. hunt and i have remained good friends and

stayed in touch. he opened a small business, a gym and ran that successfully for years. all the while continuing to look for the opportunity to reopen a retail store and continue working in the field that he's most passionate about, which is cannabis. fortunately, prop 54 passed in california and the city of san francisco adopted an ordinance which allowed him the opportunity to get back to pursuing his life's dream. mr. hunt is an experienced cannabis retailer. he understands the neighborhood issues and dynamics and the importance of building positive relationships with his employees, workers and the community as evidenced by his approach to this project. working with the u.s.m. diligently to agree -- to enter into an m. o. u. and also enter into a labor peace agreement with local 665, the teamsters. mr. hunt has run a small business before and i'm confident this project under his leadership will succeed and will

be a positive benefit to the mission street commercial corridor and mission district community as a whole. he is now going to present the details of the project. >> good afternoon, commissioners. my name is joseph hunt. let me first thank all those who came in support of me and this project. many of them are behind me here, a gorgeous group of san franciscans. i would also like to acknowledge everybody who developed the program. we feel extremely blessed to have this opportunity. since our last hearing, we continued to give our group more time to meet with the community and particularly united to save the mission. we have made some great progress. we have hosted four open houses, and we are pleased with the turnout and all the positive feedback we have received. all the community support we have been receiving has really given our group a tremendous amount of strength and taught

our group so much. our negotiations with united to save the mission have been very productive and we have signed an m. o. u. and also been attending san francisco equity group meetings weekly. working alongside rudy, shawn, john, mitchell, kim, shelly and glen has been one of the ultimate blessings in education and awareness this project has received. this equity program was created to help those who are most negatively affected by the war on drugs. i understand and all of us at union station understand that we are very fortunate to have gotten this far in this process of permitting our equity project. we have a number of qualified equity applicants in this project and look forward to giving preference to those hiring those who are equity qualified. my staff and i previously operated a dispensary on

valencia street and hope to serve the same demographic we served from 2005 to 2011. when designing and overseeing a cannabis business, security is very important. a top priority will be the safety of the customers, patients, vendors, employees, our neighbors and members of the local community as well as our relationship with law enforcement. there will be a zero tolerance policy for any consumption anywhere outside or any of the vicinity of the dispensary. and that's very important to us. our proposed consumption lounge will be an asset to the neighborhood, providing a safe and discreet place to legally consume cannabis. the ventilation systems, our room will filter and remove all smoke and keep the upstairs neighbors from unnecessary odors. many members of our team are proud mission district natives and have experience with

community work. contributing to our community is what's driving us and motivating us. we aim to support and sponsor organizations that are protecting the mission district and its rich culture. so as we build our business at union station, we also plan to further build our relationships within our community. our team is honored to have a chance to become an even stronger asset to the city of san francisco. we plan on having a substance abuse cannabis education as well as providing a class twice a month at union station. since legal cannabis is what new, we want to help educate everyone who comes into union station about the benefits and safety and public health issues regarding cannabis use. this is truly a momentous opportunity for us. the opportunity to use this plant and industry to bring people together in peace and harmony is a great opportunity for this city. we led the medical cannabis movement over 20 years ago, so let's again set the standard in

responsible cannabis use. thank you, commissioners. and at this time i would like to introduce our art director and head of design at union station. if you have any questions for him about the physical design of the place. >> thank you. >> thank you. >> good evening, esteemed panel, commission, thank you. i appreciate everybody coming out and supporting. once again, my name is luis. cofounders of the art center in mission district. and potentially i was brought in on the project, say, about a year or so ago as someone who

could lead, given the space and where it is situated there in the mission as someone who can initiate and facilitate the decoration of the space with murals. also i was -- took notice to -- i believe it was the ninth panel today, around facadism. which was kind of interesting to kind of take note of, actually. i think it was a highlighted picture in that slide. and given the history of the building itself being union, i believe it was the union furniture store at one point. the facade, if you have ever taken notice of it, that it is in need of repair.

and there's, being a mosaic artist, there's a glass mosaic in the front. tiling that could use a little shoring up. it's basically just, given where, you know, here as equity stakeholders, it definitely takes sweat equity to channel or to essentially meet our goals. so a big part of just the overall upkeep and the look of the space from the facade itself to the inside and out, that will be kind of my -- one of my responsibilities, being a part of the group. and, yeah. much appreciative of the opportunity to take this on.

and, yeah. i mean, essentially make it a success, essentially. so, yeah. partnering along with my other comrades and associates and as well as the architect working hand in hand with her, with rachael, i look forward to doing that. thank you for your time. >> thank you very much. >> we have our architect here as well if there's any questions that can be forwarded to her and if you have any questions we would love to answer them at this time. >> we may have questions for you. thank you. okay. so with that, i will take up public comment on this item. i have several speaker cards. rick hall, ryan webster, miguel

royal, eric post, eva royal, alejandro lucas. anyone else, please sign up at the left wall. and you get to provide public comment. >> hello. >> hick ric hall with cultural action network. i provided you a letter that it is for united to save the mission. the project sponsor has worked very, very closely with us throughout this process to come up with what we believe is a very, very strong memorandum of understanding. and has a few things that i've listed here like local hire, special discounts for seniors, design issues. they've worked with us on those. and their educational programs,

et cetera. but much, much more detail and other issues too. and i have to say that i believe and after working closely with these people, and especially with joseph hunt, i believe they're going to be a real community partner. i think the m. o. u. that we've worked together on, we have not had to drag them to any of the issues. we mentioned something about a community concern, and they recognize it. they work with us to alleviate it through some means and we reached an agreement. but it was a very, very cooperative process. and we look forward to having these people in our community. thank you. >> thank you, mr. hall. next speaker, please. >> good evening, commissioners. my name is rudy. i'm the e.d. of a violence

prevention organization called united players that i'm real proud of the. for the last 25 years, we've been keeping the streets of san francisco as safe as possible. i'm born and native san franciscan. i'm here to fully support this project to this dispensary. i truly believe in equity and what the gentleman who is behind this. they've been very supportive in a lot of our community projects. one in particular is the gun buybacks that we do. december 14 will be the seventh year anniversary of sandy hook. we originated over here with brendon with the gun buybacks who helped fund these gun buybacks. so we got not only citywide, it's nationwide. it's not only in san francisco, it's in san mateo, baltimore, and it all started with equity money from dispensaries, and we are getting hundreds and thousands of guns off the

streets that have been dismantled and destroyed so they won't hurt or kill anybody again. i'm not against the second amendment but i'm against senseless violence. i'm a survivor twice from gun violence. so i fully support this project because i believe it will bring equity and safety to the city of san francisco. thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. president melgar. my name is eva royal. and i've lived in san francisco since 1971 when i came to san francisco state. i've been a community activist since then. it's almost 50 years. but anyway, i have been working in the community. my son is part of the team here. one of the entrepreneurs. i think it's great we have our young people, second generation,

et cetera, that are business-minded and are taking this on and willing to -- my son has worked in the industry for over ten years. he worked at one dispensary for eight until they lost their lease. so i'm very proud of my son and of the team for making this happen. medicinal marijuana, cbd, just marijuana is good for everyone. and so it's nice to have a safe place in the mission where people can go and not have to go on the street, smoke in their car, smoker as they are walking down the street. so there will be no alcohol sold. that's all good. so i encourage you to support the project. and our young entrepreneurs. thank you. >> thank you, ms. royal. next speaker, please.

>> hi. i am ryan webster. i'm a professional community organizer, event producer and business consultant. also working in the california hemp industry these days. i've been involved with the cannabis business and cannabis policy and issues for about 20 years now, since 2010. and i have been in front of this commission speaking both for and against cannabis dispensaries in san francisco for about over ten years now. i'm also a former union organizer for cannabis workers for the united food commercial workers union. so i know the people behind this project. i know -- i've been working with many community groups in the

mission district for many, many years. and just very pleased to see this project moving forward and looking forward to the opening its doors. i've seen the project with their open houses. it's just going to be great jobs and great revenue for a lot of people. so i just think it's a win/win thing. and i'm very pleased to be here to urge your support. thanks. >> thank you. next speaker, please. >> good afternoon, commissioners. my name is roberto vargas. i'm a public health professional, born and raised in san francisco. i have been a caregiver to many patients needing cannabis as medicine. and i've also been someone who is worked in community around public safety for many, many years with folks who are also here in the room.

i would not advocate to open every single dispensary, but i advocate that we do grant equity applicants with the opportunity to enter into this business. we've got plenty of folks who have been grandfathered into this industry, and it's time that we begin opening this market for equity applicants. we know that our communities, i was born and raised in the mission district, lived half my life in hunter's point. our communities have been disproportionately burdened by the criminalization of cannabis, and it's time for our communities to benefit. i'm pleased to see folks i know working on this project, have engaged with community to talk about how to include community benefit beyond that extra step they've taken, we know that by legalizing cannabis, we are allowing folks to understand where their medicine is coming from, to understand that it's been checked by a lab, to rule

out that there are contaminants and for folks to better know what dosages they are accessing. so i see tremendous benefit to this project. i'm here to support it. thank you. >> thank you. next speaker, please. >> i appreciate being here. i'm a 30-year san francisco native and mission district native. i'm also a business owner, entertainment and marketing space as well as the community activist and advocate towards equity across all businesses, including cannabis. i've known mr. hunt for quite some time now, since his last business. and i want to come here and support 100 percent the business that he's bringing to the table and providing a quality space for the mission district residents, especially on that particular block, a safe and comfortable use as well as just

quality business to be pushed forward. so i don't want to take too much of everybody's time but i just want to completely 100 percent vouch for the character of mr. hunt as well as the business being set forth. >> thank you. next speaker, please. >> good evening. my name is nina parks. i am born and raised in san francisco native and i worked on the equity program from the very inception. actually working on oakland's equity program first and then being able to see it come into fruition here in san francisco. so these equity programs were created to ensure that we had a wedge in the door to potentially be able to stay in the city. the amount of gentrification that has been happening and the ability for us as natives to feel that we have the ability to

see ourselves in this city and be included in the development of the city is super important and something we know how to do is canvas. right? like san francisco. so seeing mr. hunt and the people he's brought with him is definitely what we want to see. we want to see folks that went to high school here or working with people they went to high school with, create a space for not only them but the next generation to be able to have jobs, to see themselves reflected, especially on a major corridor like mission street. we were laughing at how the space used to be a martial arts store so we used to get ninja stars and now we are going to be able to buy weed which is wonderful if this gets approved. so hopefully you guys will see the value in us being able to continue to have this energy to bring joy to the space that we have grown up to continue to

grow culture in our city. thank you. >> thank you. next speaker, please. >> good evening, commissioners. how you guys doing today? let me just say i'm happy to be here. and i was very happy to stand before you as being the first equity applicant to be awarded a permit. i'm shawn richard. my store will be opening up in a couple weeks up on hedge street. i'm here to say i'm very proud to support union station. i'm not going to just go out mr. joe hunt because i've known him for many years. i'm going to go for the whole team because it makes a whole team to make this happen. and you guys support that, correct? and so the fact that this is coming to a community that has not had the love and the support they should always have been given from the city, that this will bring opportunity and jobs and love and respect and financial gain in the mission

district. so i think we can all applaud that and be happy this is coming and we support this 100 percent. so with that being said, again, thank you, we appreciate you and approve this permit. thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. my name is monique. i'm a friend of joseph hunt. he's a very hard worker. and he cares deeply about his community and the people he loves. an example that resonates with me is when i was planning an engagement, when i was planning my proposal to my now wife, he was really ecstatic at the idea of having hands in on my surprise.

yeah. that really tugged me heartstrings with his excitement for such a big moment in my life so now i'm here to support a big moment in his. speaking on how much he cares, i think that he is -- he has such a bright light to him, he has such a big heart for the people in his community that he doesn't know and the people that he does know. and what's opening his dispensary, i know he'll give plenty of opportunity to people he does love and the people in his community to grow and succeed in whatever endeavors they have. i also think that opening up a smoke lounge is a great idea, not only do i think that his business would shed some light on the rough around the edges neighborhood that he's going to be placing his dispensary in, but also i think it gives people

the option of getting off the streets and going into a place where they can sit down and enjoy the product that they just purchased. i think that's a big thing. i also think that in case there's any concern about how having a smoke lounge could affect the area, in my opinion, i do work as a bartender, and i know how people get when they drink. and that creates a really rowdy atmosphere, especially when people are clamoring out of the bars. when people smoke cannabis, it's much different than that. people tend to be more mellow and relaxed. so i don't see it being an issue as, say, a bar would have as opposed to smoking cannabis in a lounge or drinking in a bar, i think it's a lot more on the mellow scale. but just to reiterate, i think

it holds a lot of value when it presents an option for people to get off the street and hang out somewhere safe. yeah. thank you for your time. >> next speaker, please. >> hello. good evening, commissioners. my name is alejandro lucas, born and raised in the mission district, all my life. both my parents family when they first moved to america, got placed in the mission district, so i have a long history there. i met joseph hunt in high school in ninth grade on the football field when we both tried out. and ever since then, we've been connected with the same positive mindset and goals. and a little history of me, in

relation to the mission district, i grew up playing music also my history with martial arts goes back to my father, teaching in the mission district. so also history i have with safety and support that's going to be my position in union station, i worked five years for school for equity. i was chief of security there. i taught a martial arts class, self defense class there. i just want to say with complete confidence that i believe in our team. i've known our team, my other colleagues, since we were kids growing up in the mission district. i have complete confidence that everything that we do will include and really think before taking any action with the

community first, first regards. i just want to say thank you so much for the opportunity for me and my family and the future for the rest of our community, because it's going to be really positive inclusion to the neighborhood. and yeah, thank you very much. i appreciate this opportunity. >> thank you. next speaker, please. >> good evening, commissioners. my name is jaime, friend of mr. hunt. the keyword today is community. and i'm here to give an example of how joseph hunt has positively influenced my life when he owned a gym, i was a student at sf state. i came in to learn the art of boxing, and joseph was kind enough to teach me. after a couple months i wasn't able to afford going to the gym anymore. he told me as long as i could teach, i would be able to come into the gym and work out, and

that was a privilege for me. the confidence that boxing has given me has allowed me two months ago i stopping at the park station and next month i will be awarded the medal of courage from the san francisco city -- [applause] and it's really the martial arts and boxing that's allowed me to intervene. and joseph hunt being charismatic and allowing me to come into the gym without having to pay him goes to show something about him and i'm just in full support and that's an example of how joseph will positively impact the community. thank you guys. >> thank you. next speaker, please. >> good afternoon, commissioners. my name is miguel royal. and i am a mission district native as well as a experienced

cannabis industry of over 12 years inside san francisco's dispensaries. so i've also watched the transition that's happened in the mission and in the cannabis dispensaries since this adult use has been in place, 2018. so there's been a big change, some has been positive, some has been negative. i've known joseph hunt for a long time since his days back in his original dispensary and his martial arts over the years. so for union station, it's going to be a good place that preserves both the mission culture. it's going to provide a safe space for folks to access and be in a safe place, which is much needed in the area. my role at union station is to

assure compliance with all products and daily operations. so some of the rules and regulations have been a little tough to navigate with all the changes and with the changing constantly, but we plan to run a tight ship. so everything should be good there. we'll try to have a live menu with affordable products, senior discounts, veteran discounts, type of thing, and we'll make point to hire locally and purchase products that are ecofriendly, women-owned companies and equity companies whenever possible. so i encourage you to approve this permit and allow a locally-owned dispensary to uplift and improve the neighborhood we come from. thank you. >> thank you. next speaker, please. >> sorry.

anyway, thank you commissioners for the opportunity to voice my full support for this proposed cannabis dispensary. my name is eric, i'm going to speak primarily on the rationalization for why we should allow cannabis consumption lounges. they are some of the few legal spots where people can consume cannabis outside their homes. those who consume cannabis will be disappointed if they lack the freedom to socialize over the consumption and we should destigmatize cannabis consumption. preventing legal consumption lounges is not a situation that creates a welcoming environment so many users consume in public. state law requires cannabis to be used in private yet many consumers, including tourists and renters in smoke free buildings have no place to use cannabis products. and san francisco is and always has been a trailblazer and trend-setter. the city is setting the bar for

what cannabis consumption can be like, and other cities are hoping to follow in its footsteps. please allow the people that live in and visit this city to have more places to go like the proposed consumption lounges. and thank you again for the time to discuss this very important matter. lastly, my name is eric post, and i'll be part of the management team on union station of my thank you for your time. >> thank you. any other public comment on this item? okay. with that, public comment is closed. commission koppel. >> it's a thrill to see city kids opening up businesses in the city. supported by other city kids. [applause] >> there's no clapping. i know everybody's happy but -- [laughter] >> also incredibly impressed with the outreach the project sponsor did with united save the mission, hence them being here

supporting. and also the conditions they did agree to, we really hold in high value. so i really appreciate the project sponsor working diligently with the community. i really respect that the sponsor has prior experience working in the neighborhood. obviously very overwhelming neighborhood support, filling in a vacant storefront. the nearby businesses are going to get busier. there's going to be more people. people are going to be happier. i'm highly supportive. i would like to see what other commissioners say. >> thank you. commissioner richards. >> so i accompany commissioner koppel and a few of the folks in the room here too. the proposed site and really got a sense of the genuineness of the act of them wanting to integrate in the community. rick hall gets up here and tells us that they get an a plus and

three gold stars for all the stuff they've agreed to. that says a lot to me. one other thing, i walked by hybrid gym all the time and said i was going to join and it's no longer there so if you put a hybrid gym in i'll come and do cannabis and do some boxing. i move to approve. >> second. >> commissioner fung. >> question for staff. what are the uses of the floors above this space? i believe two floors. >> the upper floors are occupied by arts activity uses. it's i believe a community space. >> both floors are community space? >> there's no residential uses above. >> i'm saying both floors are community space? >> that's my understanding, yes. >> commissioner diamond. >> staff recommendation to

approve but without the lounge? >> yes. so staff's initial recommendation was for approval with a condition of approval which is still in your packet which would prohibit on-site consumption. our policy for where to allow on-site consumption is something we are still developing and learning over time, particularly in the mission district, working with our community partners, we have learned a lot that although we do want to encourage a regional corridor that preserves the retail uses and discourages destination retail which might force out those types of uses, consumption lounge may be desirable in the sense because there are a lot of persons who live in the area who lack any legal place to otherwise consume cannabis, even for medicinal purpose, particularly residents of s.r. o. hotels. >> so are you changing your

recommendation? >> sounds like it. >> i defer to the commission. >> i'm sorry. can you please be clearer? what is the motion written? what are you asking us? to change what you have written? >> yes. for the draft motion from july contains that condition of approval. if the commission would like to allow on-site consumption and remove that, i would ask for approval motion which specifically removes condition number 11. >> okay. so there's a motion that's been made already. who made the motion? okay. what do you say? >> as i said at the cannabis retail castro and market, the neighbors will be complaining if people go out in the plaza and start smoking. they wanted to have an in the place consumption. this is an enormous space. if we let people -- don't let people consume on-site, they are going to go into the plaza, the bart station, we are going to

hear more complaints so i think it makes an incredible amount of sense to let people smoke in the building if they would like to. >> okay. >> i could support the retail function but i can't support the on-site consumption. >> commissioner richards, did you already -- okay. >> my motion is to strike number level from the conditions >> and you seconded it? commissioner moore. >> we had to ask for guidance about the general attitude for on-site consumption, i can only listen to the community voice and the community itself takes responsibility of how this is handled. in this particular case, given the number of s.r. o.s and smaller units in which rental wouldn't allow on-site, this may be just a trial case to see how that works. >> okay. >> there's nothing further,

there's a motion to approve this matter with conditions as have been amended eliminating condition 11. on that motion ---[roll call vote] >> that motion passes 5-1 with commissioner fung voting against. >> we still have a bunch of business. sorry. so if we could -- be quiet. >> commissioners -- that will place us on item 15 for case number 2016, a conditional use authorization.

. . . . the project includes interior tenant improvements, store front changes on geary street as i approved under the minor permit author and street access to the third and fourth floors. the department recommend approval with conditions for the following reasons. the project is converting less than 50% gross square feet of the building to office use. it does not displace an existing tenant and rehabilitating a vacant building. the remaining retail use wills remain an active store front presence such as visible along geary street and maiden lane that will support commercial uses in a commercial neighborhood. on balance t project is consistent with the objectives and policies of the general plan. the department also finds the plan to be necessary, desirable and come patable with the surrounding -- and compatible with the surrounding

neighborhood. i am available for questions and the project sponsor is here to present their proposal and answer any questions. thank you. >> vice president melgar: thank you very much. do we have a project sponsor? i think with edo. so i see mr. hapner here from supervisor peskin's office. do you want to speak? >> thank you, commissioners. pardon, i am privy to late coming information and ran up here. wasn't expecting to speak on this today. of course, it is our office's prerogative not to wade into the for or against on conditional use applications because they may be appealed to the board of supervisors. that said, there was an article that came to our attention a couple of hours ago, and about a disagreement in this part of the district where it appears that the proprietors of 146 geary who are here today and i was speaking with out front have requested d.r. of a retail

cannabis use on the ground floor next door. and further, there is apparently a desire on behalf of the business improvement district to craft the luxury retail zone, and we want to know what that is. we have never heard of that either. we were so proud of the c3r legislation premised in large part on representations from property owners that retail is not a viable use on the upper floors in union square, and that, frankly, even on the ground floor there have been store front vacancy issues throughout union square, and that has informed a lot of our thinking and policymaking around this. and it's i think worthy of additional analysis by the planning staff in context of this application which is saying that retail is not viable here if the proprietor is simultaneously seeking to interfere in the activation of a neighboring store front. and i say that with very limited information and with all due respect to the project sponsor

at 146 geary who collaborated with us in the creation of the c3r legislation which forms the basis of this application, but in light of that new information, i just do want to request a brief continuance to allow planning staff to analyze thats fa et of the issue. thank you. >> when do you want to continue this to? how long would you need? >> i don't think it needs to be a lengthy continuance, but i pose that question to staff and staff's ability to analyze this issue. if it's one week, that is fine. if it's longer than that, and that is what it takes, that is fine. but i would defer to staff. >> would a one-week continuance be doable? no? so for the project sponsor, whenever a supervisor requests a continuance on a project, we always, you know, defer to them. so how long do you think we would need to study this issue?

>> given the holidays and with the current calendar, i think the second week in january, is that right, jonas? >> well, i mean -- >> and at least in january -- >> certainly up to the commission to open up any of their hearings, but right now the first open hearing is the 16th. >> i think with the holidays and with the amount of work involved, it needs to be more than a week or two. >> okay. this is a late request coming. do we have to vote on the request? because -- >> vote to continue. >> commissioner fung. >> i think the two issues are separate. i am not supportive of a continuance. >> commissioner moore? >> request continuance. >> a we should continue taking public comment since we have called up the matter. >> okay. >> okay. i'm sorry. and i think that we will take up the matter of continuance

because we had already heard the staff start. >> sure. >> is that okay? >> to take up the matter of the continuance? >> fk o of course, please. >> this wasn't introduced as a continuance matter b u the project was called out. >> members of the public should be allowed to speak to it. >> thank you. >> i think we can continue to hear it. and then we will take up the matter of the continuance -- thank you. >> yes. if the project sponsor could -- >> great. thank you. so it was exactly a year ago when this commission heard the first union square retail to office legislation that was proposed by supervisor peskin. many of us worked very closely with supervisor peskin and we really appreciated the willingness to work with a lot of stakeholders to come up with controls that i a achieve a

common goal. much of the discussion a year ago focused on third floor uses and finding the right balance between retail and office uses. and coming up with controls that allow for an appropriate mix while still being supportive of the primary retail function. we do believe that this project satisfies the five factors and criteria that came out of that legislation. however, i am going to let the project sponsor mr. steffen speak and address what just came up as well since i have a feeling we are heading towards a continuance. mr. steffen. >> thank you. >> good evening, i think it is. i am mark steffen with realty partners and before i talk about the presentation on this project, i would like to talk about the issue that lee brought up. our concern initially was generated from other high-end

retailers that were concerned about what that might due to the street. but as we've listened to the presentation that was just ahead of us, we don't really have a problem, and if it -- we would be willing to pull our d.r. on the use next door. that is not an important issue to us. we think that it probably will help to activate the streets and quite frankly, that is the most important concern that i have about union square is activating streets and providing more security. and i think they would do that. so before stopping the presentation, i want to say that we would pull the d.r. on 152. so now i would like to talk about the presentation relative to the conditional use application. i have been involved in retail real estate around union square for over 25 years, having invested and developed 10 buildings. i have also been involved in