SAN FRANCISCO PLANNING DEPARTMENT Letter of Determination

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1 SAN FRANCISCO PLANNING DEPARTMENT Letter of Determination 165 Mission St Suite 4 San Francisco, March 19, 212 CA Reception: Matthew D. Girardi Rosecrans Avenue, Fourth Floor Media Center Fax Manhattan Beach, CA Site Address: 33 Cambon Drive (a.k.a Cambon Drive) Planning Information: Assessor s Block/Lot: 7324/ Zoning District: Neighborhood Commercial Shopping Center Staff Contact: Sharon Lai, (415) or sharon.w.lai@sfgov.or Dear Mr. Girardi: This letter is in response to your request for a Letter of Determination for the property at Cambon Drive. This parcel is located in the NC-S (Neighborhood Commercial Shopping Center) Zoning District and 4-X Height and Bulk District. The request is to overturn the Letter of Determination dated April 5, 21, and to establish a new determination for the subject property as an appropriate site for a Medical Cannabis Dispensary (MCD) use. This letter confirms the findings of the previous Letter of Determination, dated April 5, Cambon Drive (a.k.a Cambon Drive) is located within 1, feet of Merced Heights Playground, which contains a recreation center primarily serving persons under 18 years of age. Planning Code Section states that MCDs cannot be located within 1, feet of a parcel containing a community facility and/or a recreation center that primarily serves persons under 18 years of age. Therefore, the subject property is ineligible to be used as an MCD establishment, as per the Planning Code. APPEAL: If you believe this determination represents an error in interpretation of the Planning Code or abuse in discretion by the Zoning Administrator, an appeal may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 165 Mission Street, Room 34, San Francisco, or call (415) Sincerely, Scott F. Sanchez Zoning Administrator cc: Sharon Lai, Planner Property Owner Enclosure: Letter of Determination, dated April 5, 21 SL: G: \33 Ccimbon Dr - LOD 2 wwwsfpnning i g

2 SAN FRANCISCO PLANNING DEPARTMENT Letter of Determination 165 Mission St. Suite 4 San Francisco, CA Reception: April 5, Fax: John M. McDowell Planning 138 Crescent Avenue Information: San Francisco, CA RE: 33 Cambon Drive (a.k.a Cambon Drive) Block: 7324 Lot: 1 Dear Mr. McDowell: This letter of determination is based on the above referenced block and lot number, which was verified in our conversation on March 18, 21. This letter is in response to your request for a zoning letter of determination for the property at Cambon Drive. This parcel is located in the NC-S (Neighborhood Commercial Shopping Center) zoning district with a 4-X height and bulk limitation, within the Lakeshore neighborhood. The request was to determine whether a Medical Cannabis Dispensary (MCD) use would be permitted at the subject location. Under Planning Code Section , an MCD is subject to the following requirements: 1. the MCD cannot located less than 1, feet from a parcel containing: a. a public or private elementary or secondary school; and b. a community clubhouse that primarily serves persons under 18 years of age; and c. a neighborhood center as defined in Section 221(e) of this Code that primarily serves persons under 18 years of age, unless not required by State law; 2. the MCD is not located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health; 3. no alcohol is sold or distributed on the premises for on or off-site consumption; 4. if medical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that the doors and windows are not left open for such purposes, resulting in odor emission from the premises; and 5. in addition to these requirements, an MCD must meet all of the requirements in Article 33 of the San Francisco Health Code.

3 John McDowell April 2, Crescent Avenue Cambon Drive San Francisco, CA This letter verifies the subject zoning and nearby schools and parks; and does not determine the approvability of the subject property as a MCD location. Please note that this letter does not replace the need for a MCD application and is not an approval or disapproval determination for a MCD use. NC-S zoned properties may be permitted to operate MCD establishments between 8am to 1pm, as per Planning Code Section , and Attached is a map to show the parks and schools located within a 1 foot radius from the above referenced property. The subject property does not appear to be located within 1 feet of a school. However, it does appear to be located within 1 feet of Merced Heights Playground that contains a recreation center, which is used by persons under the age of 18. Based on the information available to the Planning Department, the subject location does not appear to be a possible MCD location. If you have any questions on the contents of this letter, please contact Sharon Lai by phone at , or at sharonw.lai@sgfgov.org. If you believe this determination represents an error in interpretation of the Planning Code or abuse in discretion by the Zoning administrator, an appeal may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 165 Mission Street, Room 34, San Francisco, or call (415) Sincerely 2n " Lawree B. Badiner Zoning Administrator cc: Sharon Lai, Planner attch: 1 Radius Map SL: G: \594 Monterey Blvd - LOD SAN FRANCISCO PLANNING DEPARTMENT

4 Schools and Public Open Space Near Lot Louise Lombard Special School _ Thpia or Batista Circles,to Ave Q. CL Serrano Dr Holloway Ave C > Stairway & Pedestrian c,yway.) 1:1, O > 2 ILL cc -Stairway & Pedestrian w Way 65 ci) N > 2 ( N.- ( CD Diaz Ave a). C )nzalez Dr JOI 191P Gonzale Dr.. A CD 1 (I) CD ( C) - ri Within 1 feet of Lot Buildings H Lot Schools Public Open Space Garfield St -c (D (n > E x -Shiews St 24 1 Merced Heights 2 Bro Hok Playground -o > Ortegaol (elementary) Sargent St Brotherhood C -z Randol KrbuzianAran ) Holy Trinity / Orthod School Bridgemont Christian B High&Juniorlligh L: J. CD in E St. Thomas Brandeis Hillel therhood Way Open Space / School i. Day School 1. Printed: 18.March, The City and County of San Ftar.cisco (CCSF) does riot guarantee the accuracy. adequacy, completeness or usefulness of any information CCSF provides this informancn on an as is basis without warranty of any kind. including but not lanced 1 Feet 5 warrants of merchantability or fitness for a particular purpose, and assumes no responsibility for anyone use of the information a jo

5 Schools and Public Open Space Near Lot Louise Lombard Special School, Ta pia Dr Bat i s ta Circles to Ave O C, H11owaY Ave C Ir [=Within 1 fe Buildings H Lull Lot Schools LJ Public Open S Stairway & Pedestrian Sub-Way P. Garfield St 5) I El Serrano Dr 5)1 LL alahi ova7 ix i C Ian. W Way a, - a, = N > a, DialAve a). nzalez Dr C Lot Merced Heights 2 CIO Playground 5) > Juan Batista i Circles 8 -a (4, > E (a Of 4ShisSt PB ks Park F 47 U, > ff Gonzate Dr C- Ortega School (elementary) Sargent St CD Brotherhoo ct KruzianArmen U, Holy Trinit School Orthodox School Bridgemont Christian High & Junior High - 2 E The City and County of Sari Francisco SF does not guarantee the acceracy, adequacy, completeness or usefulness of any rrforv aliorr CCSF provides this inforn-.azon on an as is" basis without warranty of any kind including but not limited to warranties of merchantability or fitness for a particular purpose, and assumes no responsibility for anyone s use of the information St. hoas.more Brandeis Hillel / School ") r-., Day School : B? therhoociwy Open Space rid: Feel WE

6 THE GIRARDI FIRM, LLP LAWYERS (D 4 If27 () t2 v?7a March 8,212 San Francisco Planning Department Zoning Administrator SCOTT SANCHEZ 165 Mission Street San Francisco, California 9466 Re: 33 Cambon Drive (Address of Permit Work) (Assessor s Block Lot) (Building Permit Application Number) C - Cfl &. COUNTY OF S.F. PNNNG DEPARTMENT Dear Mr. Sanchez: A Letter of Determination dated April 5, 21 determined that the subject location is within 1 feet of a recreation center serving persons under the age of 18 (Merced Heights Playground) and is therefore not a permitted location for a Medical Cannabis Dispensary (MCD) as per Planning Code Section Please accept this correspondence as a new Letter of Determination request for a new determination to be made for the subject property. I. FACTS A. The Subject Site

7 C. Planning Code Section Although the subject location is within 1 feet of a recreation center as the crow flies, the spirit of the Planning Code Section is in compliance. The purpose of the Planning Code Section is to keep children away from Medical Cannabis Dispensaries. Although the subject location is just inside of the 1 foot border (approximately 966 feet), for all purposes of at it s actually much further than 1 feet. See Google Maps Exhibit 1 The protected class of children at the Merced Heights Playground have virtually zero probability of accidentally walking to the subject sight as to do so would require the children cross at least 8 lanes of traffic (Juniper Serra Blvd and 19th Street) without benefit of crosswalk. In order to safely and legally cross the streets to get from the Merced Heights Playground to the subject sight, the protected class of people would have to walk in excess of eight tenths of a mile. See Google Maps Exhibit 1 As a result of the subject site being more than two thousand feet to actually walk to the Merced Heights Playground, the subject site is actually in compliance with the spirit of Planning Code Section and therefore compliant and appropriate for a Medical Cannabis Dispensary. Sincerely, Matthew D. Girardi MDG/seh

8 EXHIBIT 1

Merced Heights Playground to 33 Cambon Dr, San Francisco, CA 94132 - Google Maps 3/8/12 2:48 PM Directions to 33

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9 Merced Heights Playground to 33 Cambon Dr, San Francisco, CA Google Maps 3/8/12 2:48 PM Directions to 33 Cambon Dr, San Francisco, CA mi - about 4 mins L STh Store1awn fr e - Mt Davidscri Maror P y wn p - a. c, IN n I 1, San Frqcjco i,. State Uriversty Lakeside w a Ingleside Fm-nq 9 ho ar, Fm-i--- Terrace GcItCouM C m a iii (i) o loron tu1,a.9 a cr 2 P-uI.v > ti " ou a C)y t) 1 - w _. Merced He Villa M ce Park 9, rri St a * 2 Parknierced Breoks Park a a ;n - a gen. St a - -. Ii V M nera St B lithrhoud 4 y % 9 bit 1 ob. ( p Ingleside St Heigits Brotsertood Wel y OU - San Fraicisco 9? Golf CLtc St L I sou '212ogIe JO Map atao12ggie Page 1 of 4

Merced Heights Playground to 33 Cambon Dr, San Francisco, CA 94132 - Google Maps 3/8/12 2:49 PM I - I Directions to 33 Cambon Dr, San Francisco, CA 94132 O.

Head west on Shields St toward Monticello St go 394 ft About 1 min total 394 ft +1 2. Turn left onto Beverly St go.1 ml About 2 mins total.2 mi 14 3. Turn right onto 19th Ave go 49 ft total.

Turn right onto Cam bon Dr go 33 Cambon Dr, San Francisco, CA 94132 totili.4 flit 39 ft )ta.4 nt These directions are for planning purposes only.

10 Merced Heights Playground to 33 Cambon Dr, San Francisco, CA Google Maps 3/8/12 2:49 PM I - I Directions to 33 Cambon Dr, San Francisco, CA O.4mi about 9mins Walking directions are in beta. Use caution - This route may be missing sidewalks or pedestrian paths. Merced Heights Playground San Francisco, CA Head west on Shields St toward Monticello St go 394 ft About 1 min total 394 ft Turn left onto Beverly St go.1 ml About 2 mins total.2 mi Turn right onto 19th Ave go 49 ft total.2 urn +I I4 4. Slight left to stay on 19th Ave go 469 ft About 2 mins.3 mi 5. Turn left toward Cam bon Dr go.1 mi About 3 mins 6. Turn right onto Cam bon Dr go 33 Cambon Dr, San Francisco, CA totili.4 flit 39 ft )ta.4 nt These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data '212 Google Directions weren t right? Please find your route on maps.google.com and click "Report a problem" at the bottom left. Page 1 of 1

Determination. Reception: Fred Naderi. Fax: Managing Partner Rona Real Estate

Determination. Reception: Fred Naderi. Fax: Managing Partner Rona Real Estate CO1J?.1s o SAN FRANCISCO February 3, 2012 Letter of Determination 1650 Mission St. Suite 400 San Francisco, CA 94103-2479 Reception: 415.558.6378 Fred Naderi Fax: Managing Partner 415.558.6409 Planning