Conditional use authorization and various and d and v phenomenon pacific avenue for discretionary review rear yard modification and various the project sponsor has requested a date of august 6th i understand the dr requester prefers a date of august 16th ill note on august of you have 4 drs scheduled and it is equally as business. Opening it up for Public Comment for continuance robin and malinda. Can you hear me commissioner president fong and honorable commissioners im robin the cochair of pacific Avenue Association thank you for allowing me to speak theres an agreement between the project sponsor and myself as august 13th date ill let the project sponsor speak on behalf of himself im pleased we can come to an agreement i want to make one comment if i may ive been the leader or the cochair of the pacific Avenue Neighborhood Association for more than 10 years and i did my very best to represent the entire neighborhood i care deeply about this city and my neighborhood and i care even more deeply about the people that reside and work in that neighborhood we try our best to Work Together to make that a winwin for everyone involved i thank the commission for the augusts 13 date and i thank the commission jet and the Planning Department for orchestrating this continuance as well thank you. Thank you. Good afternoon commissioners linda reuben, junius rose im here on here on behalf of the project sponsor were requesting the continuance due to comments received from the discretionary review requester regarding mroeltness of the packet posted online we prefer an august 6th due to the availability but spoken with the folks and adding to the august date and look forward to presenting at the next available hearing thank you. Is there any additional Public Comment on the item of continuance . Commissioner richards and Public Comment is closed. Commissioner richards. I dont have an advanced calendar in front of any i think that is a great idea to continue the dr ive talked with the project sponsor called mia couple of times yesterday and talked with ms. Tucker there is a spirit of cooperation to resolve this on both sides i move to continue to august 13th. Second. Commissioner antonini. Yeah. I mentioned did possibility we have a 5th thursday in july i know your claurnldz are full on the 6 and 13 i want to see in the dr requester or the project sponsor is amenable to this date. Come up to the mike thats okay. Ill go along with whats been proposed. Commissioner richards. I was going to say the july 30th date ill not be here commissioners there is a motion and a second for august 13th commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards and commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero acting Zoning Administrator or. As for 14 on the variance and rear yard modification ill close Public Comment and continue the various to august 13th. Commissioners consent calendar routine and may be acted upon by a single roll call vote of the commission. There will be no separate discussion of these items a member of the commission, the public, or staff so requests removed from the consent calendar and considered as a separate item at this or a future hearing. Item one for case no. At union Street Condominium conversion and item 2 pine street conditional use authorization there are no speaker cards. Any speaker cards on the two items proposed on the consent calendar seeing none, Public Comment is closed. Commissioner antonini and move to approve items one and two. On that motion under consent calendar. Commissioner antonini. Commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner fong so moved, commissioners, that motion passes amazing 7 to zero and places you under commission matters item 3 the consideration of adopt minutes. Any Public Comment on the draft minutes . Not seeing none, Public Comment is closed and commissioner move to approve. On that motion to do you want the minutes for june 18th commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong. So moved, commissioners, that motion passes unanimously 7 to zero and places you under commissioners questions or comments. Commissioner richards actually 4 things today ill try to be brief there was an article in sunday paper by carl about the change in the city a good article it talked about what if we hadnt of changed the way were changing and if it is good or bad in the end he talks about San Franciscos intackle soul and the fact that all the chances were seeing we dont want to lose to soul you can interpret that but some of the soul of the city with the actors and other people are displaced it is a good balance article and the second in this mornings paper i see airbnb a new body being prepared by the mayor one of the items we had before us when we have the airbnb second round legislation 3 other processes of register of enforcement the additional folks we asked them to be move over okay. Great then the fourth thing i know that during the budget discussions and further when we were supervisor kims housing and balance report come we talked about when we thought the resources would be available to get the resources that was may or june or just like director if you have any information to help us out and lastly im excited to hear from people in the mission there is a meeting on monday to talk about Department Planning initiated patrols around acquisition housing sites a presentation next thursday i wanted to mention for staff maybe to bring not brings with you please try to bring next week in putting that dimension with the dimension weve seen on the bryant project around the pdr space and transmitter and potential legacy Business Space asia demolishing rent control i want to include policies the commission can have where we have the trade offs this is a k34r5ik9d one the commission to weigh in and talk about where necessary are and land to provide certainty to the project to demolish pdr space if were not demolishing a nonprofit and the displacement something id like to get a sensed of the rest of the commissioners if they can talk about that next week in conjunction with the vision 2025. Commissioner antonini. I read always that the one thing to view the paved through rose colored glasses we remember the good things but not the bad thing and chance is a part of america since the beginning it is one of the reasons for the greatness we change and do you want and innovative if you study San Francisco its been on the cuttingedge of innovation and new things since the times of the gold rush so theres going to be change change is a good thing we have to guide it and make that beneficial in regards to commissioner richards i think obviously we have set standards for projects and if they abide by the standards you know they should be approveable, however, projects that go out of their way to address mitigating possible displacements or things like that certainly stand a better chance of approval and the Property Owners say the letter of the law in reality with the police realities youre going to have to be receptive to things that my help to mitigate what is viewed and a as negative impacts so thats a wise word of wisdom. Commissioner wu. The question of the commission considering interim controls possibly for the mission i ask the department if they can bring a memo of 30e7b89s to the mission as opposed to one available to occult set of controls that allows the commission to have a more robust conversation and dig into the issues in a slithering differently way commissioner moore. I was out having a conversation with the da i lining like to get a couple of brief examples on the history of interim controls. Commissioner richards and i think to expand on commissioner moores point i was urban aware of the commissions role to adopt soft controls maybe some discussion around that as well before we talk about that next week ill appreciate that. Excuse me. Deputy City Attorney Susan Cleveland knolls can i ask a question through the chair commissioner moore the Planning Department initiated the interim controls is that the question. Yes. But generally speaking i think the topic that interesting to the public and i might as well hear both sides by the way, we have the ability to talk with the board of supervisors the policy question and the example of what has been done in the past. To not just this area of the city but and general. General okay. Thank you. Very good commissioners commissioners, if theres nothing further well moving on to item 4 the 46 cook street trees street a consideration of landmark domination of a tree on this property. Good afternoon. Im john with the Department Staff were here to cancer the landmark tree it was designed to protect rare and exceptional trees we have 7 trees under the pravnl program and 5 groves on june 17th we have the north okay pine street for landmark status it was continued until doorways hearing an emergency order was issued and provides protection for the tree it is of the built in 965 and was featured the San Francisco heritage where that was noted that the director of the tree planned the trees and he obtained from the nearby cemetery no projects will be affected by the nomination if this is approved the uhhuh and the staff will conduct an assessment for the landmarking a nomination today will not grant landmark status to the tree but begins the landmarking by the urban Forestry Council and the board of supervisors given the historic significance in the application that tree is worthy of further consideration the department remedies the tree nominations be by approving a resolution today. Okay opening it up for Public Comment thank you. Opening it up for Public Comment. We should hear from the Property Owner. Okay. This is on unusual one. Give him 5 minutes. As the Property Owner you can have 5 minutes. Good day again thank you okay. Now that im dale rogers the Property Owner and ive had a chance to look at whats going on here thank you. Lets see i dont know where to begin but i looked at this form and what the port is and theres several mistakes ill go through those one thing once again the Supreme Court 8 to one a enforced private Property Rights embedded in the system memo they did that last year and the year before and neighbors trying to basically taking of my property so, now back here so the property is not the address is not 46 cook street but 46 a cook street it is lot 32 not lot 33 before the urban forest sent two representatives out on monday and clearly told the neighbor that it is my private property it is in the back of the rear yard and not under their jurisdiction they understood the Eminent Domain and they tried again on wednesday or thursday another person came out i taushgd with that person okay. They wanted to investigate the quote unquote historical prospective and will let me know in a couple of days i got awe hold of them on arguing its private property and nice tree but your private property then the neighbors consequentially went through the normal process the supervisors supervisor farrell once again it is private property this is a neighbor dispute not something that the Supervisors Office will support it is Eminent Domain and taking is regarded the numb ration to the owner so they then went shopping around apparently and per this letter from the dpw got sent to me out of the blue basically commissioner, i guess commissioner rishgdz going to nominate the tree now as i go through this i had an arborist james been doing this for 40 years for the Presidio Trust hes an arborist for the city of hillarys beggar his resume is 9 packages and just a few comments if him because weve done a lot in the last couple weeks tree is not rare we dont know what the definition of rare but it is a common tree an enforced tree like the eucalyptus in San Francisco is it so common in nurseries all over the place lets see the clearly somebody tried to count rings on a tree it is very difficult to the based on the diameter of the tree the its estimated to be about 7yearold theres no evidence the tree was planned by the original builder of the house it came from other family that were living there about hundred years or something a long time then lets see the tree is visible if you go dot parking lot above my house then, yes you can see the tree but not from the front of my house unless you position yourself this is not highly visible lets see only one tree not nature food source for any type of animals. Thank you, sir sir, your 5 minutes are up but im sure the commissioners will have additional questions later. Thank you. Okay opening it up for Public Comment nancy. Good afternoon, commissioners im nancy a long time residents of the sunset district and form member of the open Space Advisory Committee im here to urge i to approve the resolution to landmark the 46 a cook street, i believe the Planning Commission has good reason to initiate this to show regard to fellow commissioner richards thats brought this matter to your attention to staff member sawyer who is your representative on the urban forest council. To director of public works nuru who issued the protective order and to the snabz that are providing a Public Service by asking for landmarking of this important hundredyearold tree in the community and especially to respect the law the law in enacted to recognize Important Trees and provide a comprehensive evaluation process to determine if a tree qualifies for landmark status those should be enough reasons to begin a formal compassion if you wish firefighter information you can request periodic updates i have confident in the process set up to recognizing a tree worthy ever landmarking i ask you to please approve the in violation of the resolution i want i urge you to respect the law and specification talking about keeping private property trees available for the future thank you for your consideration of my comments is there any additional Public Comment on this item . Hello, im vanessa not the neighbor of whom mr. Rogers was speaking i live next door weve gloun up with the tree actually 4 work 3 of them have been cut down one pine hundred and 20 rings and two two hundredyearold palm trees a hundred plusyearold tree common is yes perhaps the tree itself has been noted in historic documents that the owner of that historic landmark building planted the trees around there we have proof that happened and it is a host to not to realize weve grew up e grown up and it is serving as its own kind of massive drip line system and it pose two arborists said it pose no threat it survives two earthquakes and for the last 20 years it is just to call it you know common is a sad statement for a tree that is probably hundred and 20 years old there were 4 trees standing the wind theres more wind and noise that is really an important tree for our neighborhood for our families for the families around us and all the owls and hawks the massive number of birds that take refuge there im not very good but i find it shocking we cant find a way to save it thank you. Thank you. Good afternoon commissioners rose im on the urban Forestry Council but dont speak for them and also a chair of Labor Committee i am here to support the Planning Department innovation and stated it has nothing to do with to landmarking the tree it goes through the 50u6r9 council and the corridor our is sitting with planners for any questions and they did a speculator job explaining the process im here to support the nomination process and like to see how it goes from now and then all the arguments of the trees and bird and so forth is interesting but interesting to hear what now. Is there any additional Public Comment seeing none, Public Comment is closed. Commissioner richards. I guess the concern the City Attorney is this indeed a taking if it is in the backyard of a house are we on formal legal ground if we push forward. Commissioners deputy City Attorney Susan Cleveland this is the first one ive heard an august about this status taking of property that is one of the citys land use regulations and the court have upheld those as experience of the police pour in the experience continued well evaluate the legal plans and advice the city departments according. In our opinion the prove or disprove will get a hearing. Just an nomination. I was supportive of this nomination before i think im now more supportive since the staff has recommended it is more time to think about this and maybe the Property Owner will come back and say why we should or shouldnt move forward and the Property Owner will any worry i looked at the video and asked the Property Owner twice did you cut down the tree on the right the response is from the Property Owner i didnt cut down this tree on that lot shes trying to say there is more than 1 lot maybe 3 you didnt cut down the tree on this lot but this lot this is a photo if we dont move this forward this tree will fall we should let the experts determine whether or not this is a landmark tree and the experts and the Legal Community if we dont move this forward were not doing what we should be doing that comes into the planning code modifications so i move to nominate the tree. Second. Commissioner antonini. Yeah. I have a few questions maybe for the Property Owner if you want to come up i have a question for you. Its a big tree presumably has extensive roots what are the roots doing are they damaging the house or property in any way. Well, nothing grows underneath the tree and the branches fall off all the time it is severely hanging over into the next lot a messy tree i prefer to plant trees appropriate to the lot which are flowering or natural stuff as opposed to something that is totally just inappropriate and the roots and t