# Board of Supervisors Minutes: November 14, 2017

- Meeting date: 2017-11-14
- Document type: minutes
- Pages in official PDF: 34
- [Canonical HTML transcript](https://sfbos.info/documents/474/2017-11-14-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=574018&GUID=F3CDEBB0-9FB2-4C74-BB93-B198A0DD8F18)

> This text was extracted for search and accessibility. The linked City PDF is the authoritative public record.

## Structured legislative records

### File 171119: Multifamily Housing Revenue Notes - 171 Loehr Street and 1250 Sunnydale Avenue (“Britton Courts Apartments”) - Not to Exceed $76,000,000

- Pages: 17-18
- Vote 1: adoption, likely final
  - Action: to exceed $76,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 92-unit multifamily rental housing project located at 171 Loehr Street and 1250 Sunnydale Avenue, in San Francisco, California, known as “Britton Courts Apartments;" approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 422-17 ADOPTED by the following vote:
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
- Vote 2: referral
  - Action: City and County of San Francisco Page 846 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. During these discussions, privilege of the floor was granted unanimously to Nicole Elliott, Director (Office of Cannabis), Jon Givner and Victoria Wong (Office of the City Attorney), and Israel Nieves-Rivera (Department of Public Health) who responded to questions raised. Supervisor Cohen was noted absent at 3:46 p.m. and for the remainder of the meeting. Supervisor Cohen Excused from Attendance Supervisor Tang, seconded by Supervisor Kim, moved that Supervisor Cohen be excused beginning at 3:46 p.m. and for the remainder of the meeting. The motion carried by the following vote:
  - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
  - Excused: Cohen

### File 171041: Planning Code - Cannabis Regulation

- Pages: 18-19
- Vote 1: amendment
  - Action: D, AMENDMENT OF THE WHOLE BEARING NEW TITLE. Before a second was attained, Supervisor Sheehy withdrew this motion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an inventory that is sufficient in volume and variety for medicinal customers. The motion carried by the following vote: Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Editor's Note: Upon further consultation with the Office of the City Attorney, the previous motion made by Supervisor Fewer was actually a proposed amendment to File No. 171042.) City and County of San Francisco Page 847 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Supervisor Farrell, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by allowing one medical cannabis dispensary or cannabis retail within every 600 feet, without a conditional use authorization. The motion carried by the following vote:
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
- Vote 2: amendment
  - Action: Supervisor Peskin, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by changing the authorizing authority from the ‘City’s Office of Cannabis’ to ‘Department of Public Health’ for sites where cannabis may be consumed or smoked. The motion carried by the following vote:
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
- Vote 3: amendment
  - Action: Supervisor Sheehy, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Planning Code, Section 102, by including ‘Cannabis Retail’ as one of the listed uses under 'Retail Sales and Service Uses.' The motion carried by the following vote:
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
- Vote 4: first-reading
  - Action: Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of November 28, 2017. The motion carried by the following vote:
  - Ayes: Breed, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee
  - Noes: Peskin
  - Excused: Cohen

### File 171187: Planning Code - Cannabis Regulation

- Pages: 19-20

## Extracted text

### [Page 18](https://sfbos.info/documents/474/2017-11-14-minutes#page-18)

Board of Supervisors                              Meeting Minutes                                               11/14/2017




Referred Without Recommendation from the Land Use and Transportation Committee
            President Breed requested File Nos. 171041 and 171042 be called together. During these
            discussions, privilege of the floor was granted unanimously to Nicole Elliott, Director (Office of
            Cannabis), Jon Givner and Victoria Wong (Office of the City Attorney), and Israel Nieves-Rivera
            (Department of Public Health) who responded to questions raised.

            Supervisor Cohen was noted absent at 3:46 p.m. and for the remainder of the meeting.



Supervisor Cohen Excused from Attendance
            Supervisor Tang, seconded by Supervisor Kim, moved that Supervisor Cohen be excused beginning
            at 3:46 p.m. and for the remainder of the meeting. The motion carried by the following vote:
                 Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
                 Excused: 1 - Cohen


171041 [Planning Code - Cannabis Regulation]
            Sponsors: Mayor; Sheehy
            Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other
            things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services,
            manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical
            Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the
            conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4)
            establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17,
            which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) create a
            limit of three Medical Cannabis Dispensaries and Cannabis retail uses, in any combination, in the
            Excelsior Outer Mission Street Neighborhood Commercial District; 7) delete superseded Planning
            Code provisions; affirming the Planning Department’s determination under the California
            Environmental Quality Act; and making findings of consistency with the General Plan, and the
            eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and
            welfare findings pursuant to Planning Code, Section 302.
            Supervisor Cohen moved that this Ordinance be CONTINUED to the Board of Supervisors
            meeting of November 28, 2017. Before a second was attained, Supervisor Cohen was excused
            from the remainder of the meeting and the motion was re-made later in the discussion by
            Supervisor Sheehy.

            Supervisor Sheehy moved that this Ordinance be AMENDED, AMENDMENT OF THE WHOLE
            BEARING NEW TITLE. Before a second was attained, Supervisor Sheehy withdrew this motion.

            Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to
            adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an
            inventory that is sufficient in volume and variety for medicinal customers. The motion carried by
            the following vote:
               Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

            (Editor's Note: Upon further consultation with the Office of the City Attorney, the previous motion
            made by Supervisor Fewer was actually a proposed amendment to File No. 171042.)




City and County of San Francisco                        Page 847                               Printed at 12:51 pm on 1/3/18

### [Page 19](https://sfbos.info/documents/474/2017-11-14-minutes#page-19)

Board of Supervisors                               Meeting Minutes                                                 11/14/2017

            Supervisor Farrell, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by allowing one medical
            cannabis dispensary or cannabis retail within every 600 feet, without a conditional use authorization.
            The motion carried by the following vote:
                 Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
            Supervisor Peskin, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by changing the
            authorizing authority from the ‘City’s Office of Cannabis’ to ‘Department of Public Health’ for sites
            where cannabis may be consumed or smoked. The motion carried by the following vote:
                 Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
            Supervisor Sheehy, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Planning Code, Section 102, by including
            ‘Cannabis Retail’ as one of the listed uses under 'Retail Sales and Service Uses.' The motion carried
            by the following vote:
                 Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
            Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS
            AMENDED ON FIRST READING to the Board of Supervisors meeting of November 28, 2017. The
            motion carried by the following vote:
                 Ayes: 9 - Breed, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee
                 Noes: 1 - Peskin
                 Excused: 1 - Cohen


171187 [Planning Code - Cannabis Regulation]
            Sponsors: Mayor; Sheehy
            Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other
            things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services,
            manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical
            Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the
            conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4)
            establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17,
            which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) limit the
            number of Medical Cannabis Dispensaries and Cannabis Retail Uses in various Neighborhood
            Commercial Districts and other commercial corridors; 7) allow Medical Cannabis Dispensaries and
            Cannabis Retail Uses with conditional use authorization in NC-1 Districts south of Lincoln Way
            and West of Sunset Boulevard; 8) prohibit and Medical Cannabis Dispensaries and Cannabis
            Retail Uses in the Chinatown Mixed-Use Districts; 9) delete superseded Planning Code provisions;
            affirming the Planning Department’s determination under the California Environmental Quality Act;
            and making findings of consistency with the General Plan, and the eight priority policies of
            Planning Code, Section 101.1, and public necessity, convenience, and welfare findings pursuant
            to Planning Code, Section 302.
            This item was not sent as a committee report.




City and County of San Francisco                          Page 848                                Printed at 12:51 pm on 1/3/18
