tv Planning Commission 80416 SFGTV August 15, 2016 11:00am-12:01pm PDT
actually requesting continuation of the dr based on the error by the planning department and several occasions that i'm going to point out really fast. i requested dr for the entire project. not just the building permits and i talked to scott sanchez also in he said [inaudible] substantial conformity so here also i actually requested-you have the paper-i said how much time to haggle for the referral so sharon young, she actually pulled up the [inaudible] depending on the approval of the building permit but right after that, she sent approval to the dph referral approval to them and they conducted their hearing but she did not let me know shari approved [inaudible] clearly stating conditional use
is to be noted to me. on several times may comes a requested for the whole project especially ncd. as you can see scott sanchez's office said a member of the clinic can request a dvr. as you can see, she [inaudible] interaction with doing with the neighborhood groups since they still want dr on the ncd for some reason i don't know why you guys did not to the entire project and right after submitting gr i e-mailed her and i confirmed with her. i said i submitted application for the public hearing for the entire project for the permit land-use invented the related permit notches for the building permit so i don't understand why after repeated requests you guys have not included ncd and that's when requesting continuation of this dr and also this is a massive intensification of the project.
after she approved the holster, and they conducted their hearing and issued temporary permit in error. it's a provisional permits. right after that they started legal construction all night long and i have a [inaudible] on several occasions i've to run there because my motion sensor and vision sensor triggered right to run there at midnight and as a member of the committee have filed a complaint with the department of building inspection with a picture of before and after construction but nobody stopped it and they started the operation it legally. so, also this is a massive intensification of the use. as you can see it's a small shop and it's what's permitted of seven 17 ft.2. as you can see e kessler's e-mail says new operator will not be
operating and as city as a [inaudible] use as a smoke shop. it was in [inaudible] it was a minor operation not a major operation. also you can notice they have not demonstrated how the going to-this a massive intensification not demonstrated adequate use the space. the just trying to reduce the building permit the time to expand intensification party intensified operation. even eric pearson mention he's not plan on doing [inaudible] when they open. so, this is a massive operation. at the nato
meeting jacob, he mentioned about 250 >> your time is up, sir. thank you. you will have a two-minute rebuttal. i apologize. speakers in support of dr requester? any speakers in support of the dr requester? opposed to the project? anybody opposed to the project? please. owner mind everybody if anybody did dr carr h in the garage is closing in 10 min. it car will be impounded. we won't be able to get it.
>> these are speakers in support of the dr requester the gentleman the just spoke. he would be afforded 1 min. >> good evening. my name is brian brooks. the 20 year resident >> speak into the microphone, please >> i'm not against medical cannabis. i am here against this corporation moving into the lower haight. the expansion of this retail space. san francisco requires ncd's not to operate more than 1000 feet with this spark is trying to operate within 509 feet of the elementary school. this was a loophole introduced in 2006 and we also want to close. we have in your packet you have the original dr request 2006 window closes the school is 500-600
feet very loose of the of the stuff in concrete about the school and the ncd. so i appeal not to let the project 04 thank you very much. next speaker, please. >> hi. i'm a traditional photography store across from the business in question. my store is 1000 ft.2 just like all the other businesses on the block. i paid $2000 a month in rent. this corporation and offered $15,000 a month rent. no business center can afford to compete with this. this is not competition. this is predatory behavior. because of this my landlord said that's not been a be good for you.
this is not fair to a small business and group was small businesses. we like to remain. right here i do want to show 18 businesses on her block, 16 are opposed. >> would you like to submit that? >> i would. >> thank you. anything else? okay, next speaker, please >> hello. i am the manager of computers. i've been there for six years since the beginning of the space. to put it in perspective our front doors are 6 inches apart. we shared an entire wall that runs the entire length of spot. the basement runs underneath spot so my desk is looking directly into their back door. i spent 65 hours a week there and
sister in a proposed 25 year lease i will be their neighbor 25 years. i've been sober from drugs now call for over four years and i do not want to have a constant reminder of my past next to me for 25 years. everyone else is going to cover the big part about why this should actually be denied but as far as attracting me personally, it's going to be directly in my face every day all day. it was under my understanding were able to operate >> thank you, sir. next speaker, please. >> hello. i'm a merchant unformed look of lower haight. i opposed to having any marijuana dispensary on our block. there so many reasons but the one touch upon is the most important to me. how is it a grandfather laws trumps a
ordinance to be with within 1000 feet of a school. the change of ownership. this is a new business going into this site. how is it a loophole trumps the safety of the children of the school? is and not with the ordinance is about. our focus should be on the health and safety and welfare of our students to learn without additional distractions. people will tell you this addition to the neighborhood will be a safe one but to me in organization many security cameras and dogs is inherently unsafe business. this closes below and please do not allow this to be [inaudible] >> thank you. next speaker, please. >> hello commissioners. my name is william allen could i live two blocks from this pot house. one of 4 webster st. is
the address. nobody on my block received any of the notification of this. i've been all around the block and nobody receives notification. nothing. most people are against it. i found out about 80% in the neighborhood are against this. another thing is there's no parking in the area. so permit part. you can find a place to park if you, and then. they put crushed pot shop in there to be jampacked. not only that we are putting it in right across the street straight in front of the place they argued security guards will make plays safety. i been i've seen shootouts and murders. this is the worst lock in all of san francisco. i've seen so many shootings. see more shootings than jesse james. >> thank you, sir. next speaker, please. >> hi. my name is suzy
kendall, third-generation san franciscan. i typos spark in the lower haight. we have a business where across the street. i live through this before. we had ncd so the neighborhood. the about violent crime rate kept customers from crossing fillmore street. i'm not against marijuana. i'm not against medical marijuana. we have several dispensaries that deliver to the area. they claim to be a model dispensary but they been bribing people to come into the neighborhood.. they claim to be a nonprofit but they don't have a 501(c)(3) status. the please have been called several times should i don't know what white it doesn't show on the northern station record. they manhandled autistic child's when the doors
are wide open. i don't know why that doesn't show in the northern nation records. >> thank you. next speaker, please. >> you poor people. i don't know how you do it. it's amazing especially you in the middle. you look the most tired. i've had a record shop on lower haight directly across from the street for 30 years and i've seen three different clubs on that street and every time there is one it changes the whole dynamic of the block. we are very short block and were half a block from low income housing in i feel like having them there is just going to be a danger to everyone that ever walks down that street. thank you. >> thank you. >> my name is kirk wilder and live on the same block for 18
years. thank you for your service. i don't understand by thank you. and it's a horrible idea to another pot club. the ones that have been there for years have guns in the owner some of the money is taken away by armored cars. the block with extreme violence. the first responded to many shootings and it's a horribly played block. it doesn't need any more drugs. it's not even about the drugs. it's more about light, kind of common sense in some ways it would split the pot clubs in pacific heights right? i know, come on. i just think it sounds much more interesting and i was asked to give you one piece about disclosure and all these people that live in the neighborhood none of us received disclosure that meetings were going on. none of us were aware of the agreement going on in the lower haight
merchant association and is one e-mail [inaudible] >> thank you. you consider that for the record thank you. >> i'm here to request a continuance for the discretionary review because 1 min. is not enough time for us to speak on this. i would like to say in terms of the buildup because that's what this is about, they are considering bright glass windows which photographs have found direct cannabis go green and edit. in other smoking on premises which were never a part of the original accessory use and i think these things need to be addressed. in terms of the notification for this hearing, there was nothing mentioned in the notification that is within
one's 1000 feet of the school i think of it mentioned that more people would be here and i think would be good to have an earlier meeting on the agenda so people could come here and discuss with their children. i'm not opposed to spark unless were not able to have a full discussion of it. >> thank you donatella members of the public everybody gets 1 min., both sides it's a hearing it's a level playing field. >> is usually 3 min.,, correct? >> it's usually 2 min. and it's midnight >> that's what i'm saying i looked up an opportunity for more discussion. there is so much involved in this case. >> thank you. next speaker, please. >> my name is marvin flory. i live in the neighborhood. again, to the new place i'm against the new place because i never smoked in my life. the neighborhood is [inaudible]
because a lot of people use drugs. they have to come to the neighborhood. >> thank you. next speaker, please. >> hello my name is cautioned. i'm one of the artists which is the work as a part of the community project. i'm against the pot shop in the neighborhood. the neighborhood is not the safest neighborhood already in adding a pot shop that neighborhood is not a good idea special because it's close to the schools but also there's another pot chuck-six blocks away on church and market there's probably no need to have so many in one area because becomes too concentrated. also the pot shops most of them deliver. also, the goods to the customer so there's no need for them to be
in that specific location. there's eight of them in 1 mile. i think that is enough. ibid. this iscould open there. >> thank you. next speaker, please. >> my name is john-. it's a pretty big operation. they've always had a security guard outside which is imposing presence on the neighborhood. 1 foot traffic to come in and spend their money. we wanted to be an inviting space when there's a big security guard outside it doesn't create that welcome space especially for us all the businesses in the building and also it's within the three schools within 1000 feet radius. >> thank you. next speaker, please.
>> my name is renée. i week in the logic computer and i've 26 years and i never use drugs and i don't know how many times i live in the lower haight. [inaudible] i don't spell we'd every day because i don't use it. [inaudible] they don't care about the people in the area because they don't live there. i do miss my children grow up with a pot shop spelling we'd were seen people smoke weed in the streets. things like that >> thank you. next speaker, please. >> my name is devin logan on newer to the community i just looked it two months ago. i live at the center and i'm good friends with spero and i did research on this. i just want to read out some within 1000
feet of the community center, the schools playgrounds and parks the rehab facilities, always centers that are within 1000 feet of what this is where this is trying to be. so, we are the john we are kindergarten school, john weir elementary school, we have the alternative school of [inaudible] i'm not sure how to say international scope. we have the center which is a lot of gray community programs. the horse school of music walden academy. chinese american international school. some rehab centers nearby. >> thank you, ma'am, your time is up. >> how much time do i get? >> your minute is up. >> i there so many more that.
i think it's a horrible location. >> thank you, ma'am >> on the hello. i'm a neuroscientist. and it's a good idea the thing about a medical cannabis center envisages that it's a terrible idea to open up one environments of three other dispenses. these are terrible idea to open one up in san francisco's oldest neighborhoods to meeting income drops by $40,000 you go to the 500 block to the four block. i also think it's a terabyte digital open up with north san francisco last block neighborhoods. san francisco has a black population of 6% and that is going to drop by 3% by 2025. the worst is this dispensary has not done the committee our reach could davis
erring in french if we discover a cure for french and you don't share your not discovered discovered a cure for cancer. i am opposed to this >> thank you. next speaker, please. >> i been honored by the city. i ran into a burning building a been honored by the mid-. fire departments and various other industries in the said. there was an article written in sf list saying i threatened this man's business there was going to blow it up i was going to do bodily harm to his employees. that is not me. that's slanted. this in underhand tactics they use. for people like me i'm very offended by that am looking for legal recourse on this. should not have been printed i said anything like that because it was all a lie.
i don't agree with them come into the black neighborhood when they do not include black people in their little introduction to the neighborhood. so they say. the bottom line is this they did what they did. that's fun to medical marijuana is a great thing when used properly and the individuals involved in it do the right thing. >> thank you. any other speakers no clapping, please any speakers in support of the dr requested? seeing none, one more you have 5 min. project sponsor. >> good evening commissioners did on behalf of the project sponsor. i know it's late just make a couple of brief points i would like to emphasize and project sponsor will speak as well. first, stated by staff this mcd is been in operation since 2006. this is simply a continuation of existing dispensary. it's not a rendition of an mcd to the neighborhood. this is a
continuation of a legal nonconforming use. like many such uses of structures all over the city there's nothing unusual about this being a nonconforming. the permit before you adjust for minor remodel changes to the interior and exterior of the store. the mcd use itself which dr requester opposes is not before you. find the command interest of time with limited our speakers in support to 10 but want the commission to nowhere or 40 total supporters here tonight. with that alternate over to eric pearson for spark in a bill for any questions you may have. >> sfgov tv can you try on the computer please? my name is eric pearson thunderous pocket were not performed and see that employs approximately 100 san franciscans providing a living wage and health care benefits.
we include a slight expansion from 414 25 17 ft.2 is proved by the zoning administrator could as well are architecting myself involuntarily were close with historical preservation planner to design a new façade the retains the store go building fabric matches the history and culture of the neighborhood. it was a provide a safer experience to our members and neighbors. this slide shows you the previous façade or dispensary on the left and a rendering of the pros remodel on the right. notice the new trend seat in windows and wells resource doorway as well as safer experience to the public. to be clear, the topic at hand is whether or not this location should be in an city at the dr requester is requested mcd has
been in existence for 10 years and is the only one remaining in the neighborhood once has three permitted and cds. over here today to discuss and for your consideration is the building permit application for the remodel of the dispensary. you can see from the above slide the close dispensary in the nearest one open almost 4000 feet away. alongside the lower haight neighbors association we hosted three separate community meetings. all of our neighbors were invited to this community meetings by canvassing the neighborhood with five. additionally it published invitations and lastly just make sure everybody knew although no melons were required by the project from the city, spark voluntarily mailed notifications. we started out our neighborhood
outreach in october of 2015 and continued this average to this ticket addition to the above referenced for spark already has 3002 other members in the 94117 zip code. this not demonstrates additional level support in the neighborhood. the red dot juicier on neighbors at the time to write letters of support could be equipped over 150 of these letters. these are not formal letters. these are individual and authentic letters. some are provided in your dr packet over of about 140 were more here. in addition to these letters, was also a petition with over 145 local signatures of support. these are not signatures from outside the city were outside the state our opponents signatures represent. in addition to the numerous resident supporting our application many neighboring business of the doors for project as well. case kitchen armenian neighbor memphis minis upper playground and 5024 asset. we kindly ask approval of the project as planned. a public affairs manager is here. you heard from our counsel. he's available as well to answer a question to matt. thank you this time. in consideration of everyone's time the semen i like to ask those in support of sparks remodel to stand up.
>> thank you very much. speakers in support of the dr -in support of the project sponsor? i'm sorry can we continue this. we can call the sheriff and clear the room. >> thank you commissioner johnson. 10 speakers we appreciate limiting the discussion to the time. 10 speakers in support of the project, yield 1 min. each. you have 1 min. each. >>good evening. my name is adrian west the other 493 haight st. right next to the
computers i'll be directly impacted by any renovations done at this location. i'm sure to express my support for sparks application to remodel the building operate a cannabis dispensary in general. i'm here tonight because the culture of lifestyle acceptance welded into san francisco's foundation is being threatened by those who oppose and sparks operation. i personally cannot feel the pain or suffering those with illness experience each day. if they need cannabis to feel better who are we to prevent them having a safe clean place to obtain quality medicine with david. spark is different than other shops. in the short term but was open on haight extends kindness and felt safety from the team members and security crew near my home. i feel safer coming home from work knowing that i can wait for wave two tony on my walk to the front door. >> thank you, ma'am your time is up.
>> commissioners my name is steve thomas. i live with my roommate patrick finally at 1132 haight st., san francisco. we support sparks application to remodel at 473 haight subject years prior to 2010 patrick was blind and a cancer victim was able to walk unassisted to his favorite cannabis dispensary the vapor room at 607 haight st. then us attorney for the northern district of california closed the dispenser. it's been a hardship for patrick to travel and we welcome the return of the dispensary to the lower haight. >> thank you. next speaker. >> my name is ramon florez. before sparking to the mission district we walked on the street between 8-9 lead to
avoid the needles and the positives and the condoms and a clean that place up. they made the site beautiful the pizza place next door inspire them the liquor store on the con. they're all thriving. the people walking down the street walking joints 10 years ago people [inaudible] now it's clean. there's no criminals. people not sleeping on the sidewalk were urinating on the front. i think it's a lot more convenient to me. [inaudible] i think it's something that's needed [inaudible] kisses that as a block of mission street and i think spark will change that. >> thank you. next speaker >> hello. i'm scott-1775 haight. every day i see people
illegally distributing cannabis on my street in numerous areas of the street upper and lower haight. i think there should be a safe designated place on haight street for medical patients to access cannabis unless they're doing it illegally and that tells being executed right now on haight street love to see less drug to lives on the street and more in a place that want to access the medicine. >> thank you. next speaker, please. >> my name is pat martinez have lived in the lower haight for a decade. i'm here to let you know these people do not resent my neighborhood. spark has set the industry standard and has a staff to embrace kicked those pain meds and all of the thing but help of a plan. i like to remind everyone
proposition 215 that allows for medical marijuana in the state of couple and it was a direct result of the aids crisis.. i am proud to support the lgbt community to hospice and compassionate care and [inaudible]. what's happening right now is plain discrimination could spark has followed all application processes and procedures. i urge you to let them remodel the building and though help make the neighborhood a better place and i want them there. >> thank you. next speaker, please. >> i'm here to read a letter in support from the lower haight retching and neighborhood association yet the lower haight new bird association is in full support this box and cd permit application at 473 haight sue. beavis requested the planning commission permit approval on the applicant's written
commitment to just neighborhood concerns on safety and security. but, and [inaudible] a memorandum of understanding sufficiently address of these conservative the mou is that specific guidelines for security patrol outside the premises installation of security cameras as well as limitation on expansion of services in premises. immediate action on complaints from neighbors as well as suspension of membership from selling cannabis in the vicinity of the promise enforcement of code of conduct violations was participation and contribution of community projects with executed oh mou we have assurance that spark will prioritize and respond to neighborhood concerns. >> thank you. >> a good evening commission. i'm reading this letter on behalf of the disabled patient. dear commissioners, to the lower haight neighborhood i sports park [inaudible]. as a
neighbor to this project someone who sees medical cannabis am excited at the prospect of having a spark nearby. spark is a monk standing responsible cannabis dispensary which is the gold standard for operations. i want spark in my neighborhood. since 2009 sparks compassion has provided free cannabis to patients [inaudible] hospices and also for patients homebound bedridden and have restricted mobility because of this and spark support for the out of those i support sparks application to operate on haight street. >> thank you. next speaker, please. >> my name is ryan king and mental support of spark. i'm proud business owner in san francisco and i said unto
planning-i'm sorry, to retail neighborhood associations. this is gone way too long. i been installed support almost a year ago. there's been two powers by my house. but then everything in [inaudible] hold also further. he's been quoted he wants's space to rent him so. it's no way reflecting with the neighborhood wants as you can see your last neighborhood meeting is 80% attendance in favor of spark moving into the neighborhood. the writing 25 jobs into my neighborhood. they're keeping up with all the stored preservation of the remodel which this is actually about. please, let them get the remodel >> thank you. next speaker, please. >> good evening commission.
i'm in favor of spark moving to the neighborhood could person from a selected say regardless i don't see the neighborhood be broken because of this. we have got a lot of real world issues to whatever the ruling is come i appreciate your time i would like to say as a veteran, someone who suffers from several illnesses i used to go to the vapor room and moz goodfellows of the current spark location and ever since then i've had to travel all the way to mission street. sometimes of had to get meds from the street and have not been that good and this is something necessary. i feel for the lower haight neighborhood. i've read several pot clubs medical clubs around the neighborhood in the mission you'll see a lot of that downtown and downtown you see a lot of that get papering a great service, jobs so i think it's important to see how it
affects the neighborhood in a positive fashion. >> thank you. next speaker, please. >> thank you for your time this evening. my name is jerry-i decided 973 page street i recently came from 53 haight sue. i stayed in the neighborhood. i love it there i also own a business midmarket so i really understand the potential value. living on haight street i actually had to detour over to page street as i walked down to my business because of the consular get heckled by the people who would congregate in front of mickey's. all i want to do is be able to get my medicine in peace and be able to safely ask the people questions about what will be best for my use. this precedent about the rebuild at
72nd st. it is very similar rebuilds that's nice and open. i believe all help reduce the crime in the neighborhood as opposed to promoting it. again, i ask you guys approve sparks remodel. >> thank you. next speaker, please. >> good evening ladies and gentlemen. under spots will party of this. i'm the owner of the building. steve kovacs. i live in san francisco since 1959. been a professor of beef and state the last 25 years. i care about the building. i can about the community. i can but the tenants i have good reports 11 excellent tenant including- and i was very careful in finding the appropriate tenant. i look it also took tenants i was very impressed by the people who run spark. particularly eric pearson and his leadership and it's a very different kind of operation
from what has happened before and that was very enthusiastic in signing an agreement with him. i think it will provide added security for the neighborhood an extremely important service to the neighborhood i hope you will agree to meet their request to expand their facilities. >> thank you very much. any additional speakers in support of the project sponsor? seeing none, >>[gavel] >> i guess i will open it. i am sorry. rebuttal. dr bequest or. you have a two-minute rebuttal. >> i'm going to request again continuance of this insane process. like i mentioned several times are requested the entire project but every is followed every single wolf filing in time for dr but they did not request. i'm really
really shocked why there's two rules one for the marijuana shop and one for midget why is everything is in there fidget like imagine this a massive intensification from 25 foot traffic to 300. one employee to 300. barry e-mailed [inaudible] 42,000 customers that their open. it's like mcdonald's going to the hamburger stand. just the name sparked the biggest dispensary edition i've been mandatory discretionary review. why this has been unlawfully opened i put this question on your table, wide? with a preliminary finding rdd miss as unlawful. i would really like just a chance for the people to speak and also for me to present the case. i do not have the time because plan with planning to come, health department and also i need to mention this a much
nuisance there's the smell of marijuana. i love one professional business the smell of marijuana will ruin my business. undelete disappointed to that you rented to marijuana simply because this is the only place you can have a dispensary not because of the customer. there are eight dispensaries within 1 mile so i would really really like very [inaudible] you can see 16/18 merchants are against it. >> thank you, sir. project sponsor, you a two-minute rebuttal. >> i just want to make a quick point. women operating spark going on six years and we have never had any incident of all.
we actually are located on mission between eighth and ninth on an alley known as lasky we went into that neighborhood and lasky was a pretty bad ollie lasky is a nice clean alley right now. we are responsible for that. were very good stewards now because recognize that. i do sympathize with the neighbors and the concerns they have in the neighborhood but i genuinely believe that we will add a good element of the neighborhood and increase safety in the neighborhood. >> thank you very much. this portion of the hearing is close >>[gavel] >> again now open it up. oscar zoning administrator briefly, how we got here today and what is before sp1 >> i'll try to do so briefly there's quite a bit of history here. not to take it too far back to going back to when
proposition 215 was adopted to no wills establishing a medical cannabis dispensary. as such the addition of proposition 215 they were open up throughout the city as a general retail uses. at this location the previous operator goodfellows opened in 2004 and 2005 the city adopted the medical cannabis act chat the first require immense for and cds in san francisco. it did adopt 1000 foot requirements. at the time the was no state law limiting the sales within 1000 feet were 600 feet. but state law did limit smoking within 1000 feet. so we use that as the main guide. we said no new
establishments within 1000 feet. if you have an existing astonishment that predated the control they could come in and they could legalize even if they were within 1000 feet. so subsequent to the adoption of these requirements this use was approved and there has been a discussion or review mandatory discretion review hearing on this with complete notification. that was seven 2006 did the planning commission unanimously approved the subsequent building permit was issued at approved the report these operator for many years. after its approval continued operation of you be considered as a nonconforming use under the code because anyone cannot be established here. because it's within 1000 feet of the school, several schools as been noted. which i think is one of the reasons the value of the rent was going to be so accurate they could command a very high rent because no new ncd can be established in the nearby location. under the planning code nonconforming use can continue in perpetuity and provided it's not discontinued for period of three years or
more. the previous use closed in july of last year so it's been less than three years. or the change to another user has not been changed to another use. under the planning code it can also be expanded provided is not significantly expand. significantly is defined as an increase of either 500 ft.2 or 25% whichever is less. what they are seeking to do is to expand its. the most they can without it being considered significant under the planning code. they're also seeking to under the permit-and the whole project basically is before you. but to be clear the project is just interior renovations exterior renovations. that primarily expand into use. they're maximizing what they can do. they could go further but they would need a conditional use authorization and uca project next week on your agenda that's an ncd nonconforming and city doing more than 25% so having
conditional use next week but they're doing what they can do under the law without the conditional use authorization expanding it and switching it because before was the tobacco shop in the front and the ncd in the back and they're flipping that's inevitably till be used at the back and the ncd at the front. there is no such thing as an accessory use ncd. expressly prohibits that in the planning code. it simply does not exist. as to exist as owned to be functionally standalone use. it can be something as minor incidental to another use. it's treated as a zone is. so we review this and found this to be relevant to planning code requirements. i think there has been some confusion because due to the course of this and there's no notice required of us but there have been conversations and concerns. they suggested that they requested the ability to get notice of the permits and bring it here with their concerns
because was clear we would not otherwise been doing notice on the project. so that is why we are here today but after the dr's were filed spark decided to want to go ahead under the existing authorizations in place going back to 2006 to the can under the law. that's an existing venues authorization under the law it continues to go the property so we did approve the health permit referral.. both of those can't be brought before you before discretionary with use. we approved it as were required to and then the apartment >> skis me >> i think there was confusion about the public health perhaps which every permit was issued. turns out later this processing is a temporary permit and they issued a complete permit. that has been appealed to the board
of appeals last friday. i would not say the board of appeals has determined this to be illegal ncd. that's not the case. the board of appeals has not heard the item but certainly there were issues the permitting process. they have my understanding is closed until result good is pending before the board of appeals until october 19 but with these uses reregulate the land use which the commission had already approved the decade ago. dph regulates the operator permit to operate. that's what's on appeal to the board of appeals. what is before you is a building permit to do modifications to an existing ncd. you could find that you think the changes are appropriate for number of reasons vigorously before you to consider. and take your and
deny the permit but that doesn't deny the land use you would already approved in 2006. unanimously. >> great. i guess to the dr requester having just heard this and understand what is before us, spark is not operating and mike is the board of appeals but a stop to that. you if you're questioning the existence of spark is going the right route which is october 19. before the board of appeals but that's the way too. there's the ones responsible they can actually say, no, we want medical cannabis dispensary at this location based on whatever reasons you provide and they take they make the decision on. we here are looking at a building permit i know it's more or less like carpet bombing and appeal everything and trying to get it started we can't get the land use retirement to stop. it's against the law. we could deny the building permit but that's useless. it's truly useless. you rural real route and you're doing the right thing is going before the board of appeals. commissioner omotalde >> commissioner omotalde >> as to sanchez the betwixt
commissioner wu >> commissioner omotalde >> the 2006 approval cannot have been a clue about that condition because under the provision in place even though the location was in 1000 feet of school in the code allowed in ncd to legalize there, it's that you cannot do any on-site smoking or vaporizing. that was explicit in the locator means a condition that can never be removed betwixt okay get i think it's important to have that on the record so that it's clear with the regulations are round land use. i am fine with the building permits. in terms of the upgrade to the second i think there's other questions here may have to be addressed in another form. >> commissioner johnson >> real quick, then. at two questions. the first one is because of that condition on
the site there's no smoking or vaporizing what is the difference between the retail portion and the ncd portions? >> just what is sold. previously there tobacco store in the front which is considered a retail use, general retail use and they can sell t-shirts. they can sell any number of retail items that they can't use that area for the sale of medical cannabis. they want to use the entire establishment for medical cannabis that require conditional use authorization like case you'll see >> that entourage episode were johnny tried to get the hat. nevermind. okay. just real quick, my second question, thank you commissioner which is good i think i agree with you but even with the board of
appeals, they would still be looking at the permit for the operator. they're still talking about the lan he could spark number two could come in the next day and still come in with no notice to go to the ncd and thereafter go through the try to do the same thing, i guess that's the one >> absolutely. there could be another if the board of appeals grants the appeal and denies the permit for spark, another entity could come and go to public health. that could keep happening up into either the uses change to another use, which would abandon this ncd or three years or more of non-operation at this location. it would then be abandonment of the ncd use. those are the only ways under the current law for this to be extinguished >> think. i make a motion to not take your and approve the project >> seconds >> call question, please >> on a motion to not take your and approve the project
commissioner hillis aye johnson aye moore aye wu aye richards aye so moved that motion passes unanimously, 5-0. place on public comment which i have no speak regards. the >> any speakers for speed public comment? seeing none, i would like to adjourn the meeting in the name of june austin burt. for the record i would like to adjourn the meeting in memory of june austin burt. >> thank you. >> >>[gavel] >>[adjournment]