# 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 171188: Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street - Pages: 17-18 ### File 171189: Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street - Pages: 18 - Vote 1: tabling - Action: 171189 [Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion approving 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; and adopting findings pursuant to Planning Code, Section 101.1. (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: tabling - Action: Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee - Noes: Tang ### File 171190: Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street - Pages: 18-19 - Vote 1: amendment - Action: 171190 [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 911 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. M17-196 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 ## Extracted text ### [Page 18](https://sfbos.info/documents/478/2017-12-05-minutes#page-18) Board of Supervisors Meeting Minutes 12/5/2017 171189 [Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion approving 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; and adopting findings pursuant to Planning Code, Section 101.1. (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 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 1 - Tang 171190 [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: 6 - Fewer, Kim, Peskin, Ronen, Tang, Yee Noes: 4 - Breed, Farrell, Safai, Sheehy Excused: 1 - Cohen 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: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen City and County of San Francisco Page 911 Printed at 1:26 pm on 1/17/18