# Board of Supervisors Minutes: December 5, 2017 - Meeting date: 2017-12-05 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/478/2017-12-05-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=578667&GUID=7C609E75-286F-46F2-B8E9-D1166111C60B) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171130: Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street - Pages: 15-16 - Vote 1: amendment - Action: 171130 [Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by adding a condition that the Medical Cannabis Dispensary operate between 9:00 a.m. to 8:00 p.m. for one year during a trial period. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Tang, Yee - Noes: Breed, Farrell, Safai, Sheehy - Excused: Cohen - Vote 2: amendment - Action: Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding a condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen - Vote 3: amendment - Action: City and County of San Francisco Page 908 Printed at 1:26 pm on 1/17/18 Board of Supervisors Meeting Minutes 12/5/2017 Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions, and subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by setting an expiration date of one year for the additional condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 4: approval, likely final - Action: (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee - Noes: Peskin, Tang - Vote 5: rescission - Action: Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Peskin, Safai, Sheehy, Tang, Yee - Vote 6: approval, likely final - Action: Motion No. M17-194 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee - Noes: Tang ### File 171131: Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving Street - Pages: 16-17 - Vote 1: tabling - Action: 171131 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee - Noes: Peskin, Tang - Vote 2: rescission - Action: Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: approval, likely final - Action: Motion No. M17-195 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee - Noes: Tang ### File 171188: Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street - Pages: 17-18 ## Extracted text ### [Page 16](https://sfbos.info/documents/478/2017-12-05-minutes#page-16) Board of Supervisors Meeting Minutes 12/5/2017 Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions, and subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by setting an expiration date of one year for the additional condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: Ayes: 9 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee Noes: 2 - Peskin, Tang Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Peskin, Safai, Sheehy, Tang, Yee Motion No. M17-194 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 1 - Tang 171131 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee Noes: 2 - Peskin, Tang Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Motion No. M17-195 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 1 - Tang City and County of San Francisco Page 909 Printed at 1:26 pm on 1/17/18 ### [Page 17](https://sfbos.info/documents/478/2017-12-05-minutes#page-17) Board of Supervisors Meeting Minutes 12/5/2017 SPECIAL ORDER 4:30 P.M. 171188 [Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 303 and 732, for a proposed project located at 2161-2165 Irving Street, Assessor's Parcel Block No. 1777, Lot No. 037, identified in Case No. 2016-002424CUA, issued by the Planning Commission by Motion No. 20027 dated October 12, 2017, to establish a Medical Cannabis Dispensary, dba Barbary Coast Dispensary, within the Irving Street Neighborhood Commercial District and a 65-A height and bulk district. (District 4) (Appellant: Salvatore Alioto for Sunset Merchants and Neighbors Association) (Filed November 2, 2017). (Clerk of the Board) President Breed opened the public hearings and Supervisor Tang provided opening remarks. The President then inquired as to whether any individual wished to address the Board. Flo Kimmerling, on behalf of Mid-Sunset Neighborhood Association, Patrick Wolfe, and Salvatore Alioto, on behalf of Sunset Merchants and Neighbors Association, (Appellants) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Speaker; Doreen; Hal Silva; Stella Cahill; Speaker; Dora Wong; Pauline Cheng; Patrick Legion; Mary Ma; Meina Young; Speaker; Steven Klein (San Francisco Montessori Academy); Speaker; Brian Young (Sunset Merchants and Neighbors Association); Speaker; Ms. Wong; Speaker; Tony Woo; Jack Ho; Speaker; Father Dano Semeno; Speaker; Speaker; Speaker; Lani Meneses; Speaker; Speaker; Mae; Cynthia; Stella Camco; Sarah; Susan Ng; Woo Fong; Kristy; Speaker; Speaker; Rose Kong; Cathy Kong; Alice; Jay; Speaker; Danny Kwong; Letinia Wong; Monica Ha; Speaker; Theresa Duque; Tan Ko Wong; Annie; Speaker; Speaker; Ellen Zhou; Karen Bouy; Audrey Yan; Speaker; Sherry; Joe Amperano; spoke in support of the appeal. Dan Sider and Nancy Tran (Planning Department), and Nicole Elliott, Director (Office of Cannabis), provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Brendan Hallonan and Jesse Henry, on behalf of Barbary Coast Dispensary (Project Sponsor), provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Speaker; James McConnell (A.L. Post 448/Grass Roots); Arnold Salvante; Susan Tevin; Patrick Mine; Ashley Provost, Samantha Fuller and Amelia Williams (Barbary Coast Dispensary); Speaker; Diana J. Brody; Rudy Corpus (United Playaz); Ron Stickelman; Kathy Rizer; Howard Edmond; Kiam Cua; Speaker; David Goldman; Michael Cohen; Ben Haas; Patricia Walsh; Mary Avery; Greg Longacre; Douglas Slocum; Tanya Fedan; Addy Chumpitaz; Kimberly Hartwig; Chris Schulman; Henrico; Gavin Schear; Jennifer Garcia (UFCW Local 648); Ron Stueckie (Sunset Youth Services); Richard Hastad; Penelope deVries (Bally Hallinan Properties); Michael McKluskey; Speaker; Otto Duffy; Andrew Silva; Kanhu Wang; Bert Hansen; Nicole Kelly; Arthur Hemingwood; Speaker; Henry Berkowski; Speaker; spoke in support of the project and in opposition to the appeal. Salvatore Alioto and Cathy Alioto, on behalf of Sunset Merchants and Neighbors Association (Appellant), provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. President Breed closed public comment and declared the public hearing heard and filed. HEARD AND FILED City and County of San Francisco Page 910 Printed at 1:26 pm on 1/17/18