Front right now is carli short the superintendant of urban forestry for public works and to my left is urban forestry chris buck with the urban forestry and expect to be joined by scott the Zoning Administrator and going to be representing the Planning Department and Planning Commission and senior building inspector joe duffy will join us representing the representing the department of building inspection please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. People affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. Speaker cards and pens are available on the left side of the podium. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 Mission Street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking please stand do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Thank you commissioner honda and commissioners 3 housekeeping items has to do with with 30i8z withdrawn and will not be heard item number 9 regarding a site permitted on diamond street and item 10 appeal thats regarding a notice of violation and penalty on alabama street and also the parties to item number the appeal on 16th avenue have jointly requested that you continue this matter to november 9th they would like nor time for the department of building inspection to be able to vague some complaints that were filed we need a vote to move to november 9th if you agree. Move to continue the item to november 9th a thank you any Public Comment on item this motion to move sienna motion from commissioner lazarus to move item 6 to november 9, 2016, on that moti on that motion commissioner fung commissioner honda commissioner wilson and commissioner swig okay. Thank you that item is moved to november 9th. Then well go back to the regular calendar comment at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. With respect to agenda items, your opportunity to address the commission will be afforded when okay. Please step forward. Good evening. Im ellen i came to this board with my husband on may 11th to appeal a decision from the Planning Department and i was instructed by the board of appeals as well as the Zoning Administrator to go ahead and file a conditional use application for our Small Business located on 350 with respect on june 17th we filed the conditional use authorization along with a request for a lecturing that was promptly issued on july 0, 11 here is the copy of the letter of determination from the Zoning AdministratorScott Sanchez and on august 30th we received an email from mac from the Planning Department indicating that our District Supervisor supervisor norman yee just introduced a new legislation on august which will block our path to legalize our business so this is the letter if matthew thats dated august 30th indicating that supervisor introduced an urgent legislation to impose a 4 day moratorium any Small Business or any first floor location from business and professional uses im going to show the proposed legislation that will be file number 16094. Due to the quote unquote nature of that moratorium there is a hearing that well be scheduled for next monday to hear this case in front of the land use board this emergency sharing was floungsz a neighborhood block and we learned about this yesterday about the hearing that is scheduled for next monday so i wanted to make our case known to the board the difficulty that we are experiencing to move forward with our conditional use application thank you. Thank you. Any other general Public Comment . Good evening commissioners im stefanone a registered lobbyist in San Francisco a consultant to 360 a west portal and want to continue what ellen and peters are going through i watched the tape when they contact from the board of appeals and their visit was basically whether theyre in compliance where they met the thresholds of 6 feet didnt and there was a merchant that brought up the fact a financial moratorium and had that argument ms. Chang reached outburst i said take down sign that you put up you didnt have a permit take it down they did immediately and second thing you need to a directive to diligently file and take an appointment for conditional use and the third thing i met with the Merchant Group one of the leaders and said look a theres information saying this is a Financial Service business we believe a business professional use service lets write a letter to the Zoning Administrator and lets get definition and clarification on july 7th that clarification came through 5 days latter or july 11th there was no appeal on this so we were on our way to continue our outreach into the community were getting loads and loads of support they live in the neighborhood and know people and everything now on august 2nd a letter was drafted that we received the latter part of august an urgent ordinance for a meeting to take place none notified us we found it on a block and show up monday with neighbors in the community to try to plead our case i was hoping this meeting would be more informational i think there is quite a while Business Professional Services on the first floor in the west portal that dont have conditional use they normally went into business maybe another Business Professional Service was there and none complained and therapy operating id like to at least a study to come up on the Business Professional Services and the goal not to push people out the goal to get people in compliance the goal to keep those businesses in a community we dont need vacancy creation we need an opportunity to make sure that everybody has a pathway for code inclines thank you. Any other general Public Comment seeing none, any commissioner questions or comments. First of all, id like to say thank you to doctor ann general and cindy wu and congratulate joel cop he will and mirna on their appointments to the Planning Commission how is it thank you. Any other commissioner commits to item 3 the boards consideration of august 24th re678 additions, deletions, or changes may i have a motion to move. Any Public Comment on the minutes. Seeing none, we have a motion if commissioner lazarus to adapt the minutes commissioner fung commissioner honda. Commissioner campagnoli commissioner swig thank you that motion passes then the next item is rehearing request item 4 the the truth on ellis street peters appellant is requesting a rehearing of the appeal the board voted to the permit holder is the Housing Authority and the assessable and ground floor addition and lobby renovation and elevator and energy and envelope improvements and the case workers and fishgsz and lighting upgrade. North and south of the project and well start with the requester 6 minutes since youre working through an interpreter. 3 minutes. It feels what i want to explain you want give today for an application and this application Expiration Date was in sorry you as you can see the broken what you gave they work in june and did 12 in the backyard when was suspend and in july they broken it in due next look to subject hall to matter deep and i think this is a big project discriminating against the people they broken stucco of the building because this building have for seniors and disabled people they want the same apartment in the building and they want i think 50 percent rent on the market today for this people and they used take free money and very cheap credit for seniors and people with disabilities and Building Office it is not good. Thank you very much sorry. Thank you. Okay. Thank you. Well hear from the permit holder now. Good evening gabriel project sponsor for tndc first with regards to the two entrances the appellant references i want to put up not new information by the appellants we have a request the date he notes precedes the first hearing and didnt meet the threshold of a rehearing request what it is referencing two incidents we performed Due Diligence and one case Environmental Testing by boring holes in the parking lot to determine the contamination of the soil, and, secondly, incury in the parking lot to understand the foundation and i want to make mention those items were under a light agreement signed by Barbara Smith head of Housing Authority and the tndc allowing you guess to perform the work the work that was performed didnt require a Building Permit that requires a licensed agreement which we oakland future we sent the license agreement to our attorney and in the package that is here tonight he concurs this didnt require a permit but covered under a license agreement i believe that addresses the main point earlier ill be happy to answer any questions you may have. Thanks. Thank you mr. Sanchez anything no. Any Public Comment on this item . Seeing none, then commissioners, the matter is submitted. The rehearing requester has brought up issues that were discussed during the original presentation i didnt find any new information and therefore would not support a rehearing. I also concur and agree that the bar for rehearing is quite high and this has not met the threshold. Care to make a motion. Vice president. Move to deny it no information has you read. That motion from commissioner fung to deny the request commissioner lazarus. Commissioner honda commissioner campagnoli and commissioner swig that request is denied with a vote of 5 to zero. Move on to the next item which is item 5 another rehearing the subject property on nordoff street for a rehearing gains versus the bureau of urban forests decided on 2016 at this point the board voted two to three 3 with two commissioners december sefrnt and grant the appeal moving the tree will significantly commissioner tang at character of the neighborhood and lacking it the motion failed it was upheld and that is are for a presidio on nordoff, llc moving the trees to the rear of the property and start with the requesters. Good evening and welcome reuben, julius rose on a reuben, junius rose representation as an entity before the board will not have an effect on my decision. This afternoon. Thank you please proceed. Overhead please. Good evening, commissioners and im once again addressing the relocation of the redwood tree on nordoff we realize in the threshold is very high since on this one request was granted, however, we believe we meet the standards no information has come to our attention the health of the transport is new information and if known before could have effected the outcome of the hearing on august 17th commissioner swig asked why the moving company has moved a tree of this size and the scope within the city of San Francisco or even in the San Francisco region ever in their 3 years and continued in an urban setting they referenced a previous project the answer is no no movement and two prior most of were made in the bayview and none with structures near or in the paths of the relocation, in fact, after the website hundreds of tree locations nun have taken place taken place the tree is in a dense inner area the roots are entangled in the infrastructure and this raised in any curiosity and two redwoods that have been move forward theres been a significant fitting of the foliage since theyve been moved forward this can be seen in the photos that are submitted in our brief you see the condition of the tree from one year and one month taken at the same time of year and a significant change some needles were not gastroand white they were brown dead branches and also a white powder substance that covered the bark of the tree it was because of irrigation and look at the next transported redwood i didnt see any of the white powder on this on the transported not on any other to further i cracked a professor who said the redwoods have a strong protection and Simple Growth is very unusual and the transporting or the reduction of root systems could damage the root systems and like to do more research for giving a cause please support this rehearing weve met the thresholds of new information and the information has a tremendous impact on the survival of this tree im proud that San Francisco looks at the trees but without knowing in irrevocable damage is caused we need to know more about the other trees thank you. Well hear from the permit holder now. Good evening, members of the board tom reuben, junius rose on behalf of the presidio we ask the board to deny the rehearing i dont want to get into an argument new information the health of the tree has been the health of the tree since august 17th at this time and now prior to august 17th and as the permit acknowledges we discussed the environmental skyline to relocate trees in urban areas already an urban design as experience but as to the health of the trees the allegations are not found with me is david cox from the Environmental Design and hell speak to both trees and their health thank you. Good evening i can tell you that of all the trees that our Company Moves nation wide i would say primarily it is in urban areas as new york city and washington, d. C. And houston, texas and austin you know all of the different philadelphia those are urban environments and can tell you well move Forward University an urban setting and philadelphia squawking the trees the university of california berkley where we moved a tree almost 5 or 6 years ago thats one of the tree the other tree we moved for the soma area transit Rapid Transit board smart as it is called up in a region we were there last week repairing the irrigation and putting in subtle drainage the tree ill show you pictures last thursday the tree is in excellent heartaches and some of the white substance we looked for and it could be calcium adopts when the water sprays and hits the trunk and the water e vaps over time you get white not powder more of a california sum build up when it it comes to referencing the roots it is an albino species and going through a difference phase throughout the year so there is experiment on that names thomas that can tell you about that tree more than ill ever know a unique tree one of supposedly i dont know about a fact but 11 in the world. Sir, your time is up. I have a question anyway. Sir, your time is up. I have a question anyway you can further explain the circles of the tree thats why the pictures show a lack of dense and a mugged of things in a drought we found the irrigation on the tree broke over the last 7 or 8 months from other construction a late early line im concerned not you visited the tree at the university of berkley but could be similar or could be simply a drought stress or things like that but dont believe that the tree is in any or either one of the trees are in a threat of demise and keep that in mind those trees were moves years ago were talking about. Sir. How long was the tree and done in 2014. Youve answered any question thank you. Well hear from the department now. Good evening, commissioners carli Short Department of public works just a couple the comments the department didnt feel there is no information we look at the two trees and visit them to assess their condition i think that it is important to recognize that what we found looking at the trees from different that angles made the density of the canopy look different from some angles it looked space and from other angles full this is why we dont like to assess a trae from a photograph it depended on where our standing and it is our feeling both trees are surviving if in their currents location and saw some stress in the berkley tree but again from one angle it looked like the photograph that was taken prior than a separate elaboration it is appears to be in a slightly more winds comboetsd sites and backs r backed by two other trees and having said that we didnt feel that tree is in decline and feel that was at risk of not surviving with the tree we surmised been an irrigation break and the trees was under stress because of lack of irrigation we saw new growth that was a response to recovery so it was our assessment it appears to be recovering and we speculated that was a break in irrigation it is important that those trees get supplemental irrigation after relocation and lastly i want to address the comment white powder is fined on trees relocated i believe that it could well be calcium deposit and lighten it gets white it is not unusual new our area especially in the summer months a number