process whereby the trees are protected and if the deal goes forward without the project slowing down for 90 days if you could look at try to save those trees they're an asset thank you. >> hi my name is a patricia miller a neighbor in hayes valley and member of the association this is a really fascinating evening yet i'm still amazed monopoly harassed mentioned the length of that street are ficus trees an entire row of 8 of them and others are presumably better cared for and trimmed back from the builds and not disruptive the busy that is happening banter and have thought spirit of the whole street i appreciate that commissioner vice president honda's said it is one sides it's not true i'm not an arborist so listening for a compromise it seems to me if they're properly cared for they could be kept alive this is probably a mechanism to make a clear entrance way to put the this up we've lost a lot of trees in the neighborhood very, very, very many trees and having them replaced by small trees that take longer to grow is not an acceptable solution so i people re find something that is larger trees or maintain the ones that are already there for the skid mark of the flow and the policy narrator that live in the neighborhood. >> thank you. is there any additional public comment seeing none mr. rawlins beggar you have 3 minutes of rebuttal if you have anything further. >> thank you, again. and thank you, everyone for participating tonight. >> i have some feedback i got from the community centuries we've filed our appeal i want to get other peoples thoughts of a number of the members of the community their relevant to what i presented and if i may read those of you quotes from community members mulch trees have a multi decade investment with an increasing investment as temperature rise ricky said leave the trees and leave the building didn't that match the architecture jonas pointed out in articles about those trees failures that were highlighted during its response a number of those involvement with the swaurths sidewalk root were cut they were disadvantaged explicitly and on replacement that was inspired that in new york city an excellent replacement tree formulas they put a ribbon they call it the dpw dynamic and any trees a lot of the loft in the project they must be be replaced and, of course, that's going to be much more expensive i imagine and i want to offer from a community member mature trees are valuable the reasonable think to do is plant smaller trees between the mulch trees lae have a chance of survival so when the mulch trees hit their end of their survival there is no need to cut those down let's others get established that's all i have to say i'll answer your questions if otherwise. >> permit holder has 3 minutes of rebuttal mr. fry. >> hi thank you for your time and i want to stress that what we're doing is not for financial arraigns or bifurcation it is simply a reaction to with what's occurred with the ficus trees and the associated liability and when you hire professionals who tell you that those trees are fraught with problems that the trees have survived and flushed because there was not building in front of them but also we're going to be believable a 5 story building you're seeing a 2 sided ficus will be a one-sided fikdz so more trimming i'm to stress we that profldz look at this that's why we're keeping the magnolia trees their healthy and we're able to build around them and add additional trees by removing those two ficus trees it is costing us more money to put in new trees where new wells, etc. that is just an unfortunate incident here but those trees unfortunately, to keep them is simply a band-aid and i have one question sorry when were you aware of the will boublt or building out for the sidewalk. >> i was not the first time i heard if it the bulb out is going to be towards the western half of the property that isn't even the front of those two trees. >> so not on hayes. >> it's on hayes but more on the east side and those trees are more in the middle towards eastern side of hayes, if you will. >> mr. buck any rebuttal. >> chris buck with urban forestry not just to clarify a lot of the species failures in san francisco with ficus trees was related to stem loss not stem failures there's one see dramatic failure two months ago on the block that was recommended to sidewalk root pruning but it was due to a lot of the decay in the because of the truck those trunk those those are not related to the sidewalk failures. >> a gentleman referred to the pruning could the trees be pursuant in that manner and survive? thrive >> sure the trees could be pruned in that way you're not adding structural problems are with the trees you'd still have to repair the sidewalk and put in are a curb and species that's going to damage the sidewalk again the speeds we've not been planting in the city since the late 90s due to the stem flurdz at&t's and the dame to the sidewalk we are not seeking the permit with your just trying to be consistent how we handle all cases so the trees would pruned but a certain amount of risk with the species you'll set auditors up for a lot of pruning there's other concerned but that's you know my feedback on the matter. >> a question mr. buck is if there's a significant reduction of canopy does that reduce the potential stem failure. >> yes reducing the overall size and weight of the canopy reduce the likelihood of failure why not just prune them that's one option to address the potential stem failures you're not changing anything else structurally with the trees that's the challenge added public works we saesdz a lot of fikdz trees and felt they were pretty good we've walked away and had them fail there's a potential of liability especially, if increase an injury or accident and the person harmed property wise or personal injury will hire an arborist to evaluate the if i could and see if those trees had a potential for problems that's some of the legal liability out there and pruning the trees yes prune the trees back we've orientated - issued siegdz it will have to be pruning over 5 years to try to reduce overall the canopy size. >> are you finished commissioners same question are you aware of the boublt occupy the city. >> my sense of bulb outs towards intersections and my sense of the site the the building where the two trees are located in the parking lot it is still not going to address the structural concerns the trees you you know the night to repair the sidewalk will certainly create a larger sidewalk space so for the trees i'm unaware of any of that. >> a good question go ahead. >> a members of the public sunshine said a loss of larger trees. >> i don't understand that comment but loss of a lot of trees in hayes valley yeah. i'm not you know there's certainly been development and case by case there's but i'm aware of any larger amount of tree roermdz or ficus tree removals so nothing on my radar. >> a lot of eclipse were removed because of the freeway. >> there were the hayes valley farm experienced obviously that forearm was temporary to begin with but ultimately in the end the trees that was a big impact to the immediate area just to relate to commissioner vice president honda's on the bulb out it's not likely that anything else will druk obstruct the sites or traffic sites allowed in the bulb out anyway. >> the bulb outs can be challenging muni didn't like trees planted adjacent so bus zoned trees are part of the riders experience for shade they have liabilities and spacing requirement for planting trees in busy zones but boublt there will be likely room to pull them back from that curb there will be room for the trees to be planted so, yeah the boublt is the last second item i know nothing about specifically. >> i mean sorry my concern is that is a lovely block of trees i go there on a regular basis my concern is the growth of the new trees we're experiencing potentially a leaguer sidewalk then i also thought if you put a 48 box it's a better situations but after hearing tonight you're not recommending. >> it's recommended too when the public the level of public protest and opposition it is a measure to try to show the public we're trying to go restore the tree but canopy wise the smaller plant size you plant it is established to its location i'm not attended to 48 inch boxes it's a 2 year jump on a 36 inch but i've seen them they're trying to get used to they're new locates they're just sitting there getting used to the space they are not putting out a lot of new growth. >> my ultimate concern resale it is good we have housing but the developers will be gone in two or three years once the project is sold so maybe having that it is substantial to get the canopy back to its spates is a good idea. >> one idea 48 inches as large as possible to beef up want cap that i and the planning code requires the planning department of trees on the other frontage as well. >> one more question i'm struggling with its not urban forestry policy that the trees that the cause issues in the future and in the past they have there's a presumption they should be removed ramp the extents of keeping them. >> the concern is the microscopes expense 2/3rd's of the property owner maintain the trees adjacent to their property and through a lot of replanning department a lot of the property owner called urban forestry and ask them this tree i don't want to remove is daniel my sidewalk that said they tolerate a lot of root pruning you can root prune fikdz and the trees don't fall over from the root pruning so the existing trees we're not looking to remove them because of sidewalk but the stem structure the wider points of attachment center stronger unions so there's going to be a number of ficus trees we don't initiate them we feel we can will go with liability widest the cost to the property owners and to the department and knowing it is going to damage the sidewalk 5 or seven years later those are some of the issues. >> and you would something before about we wouldn't want to see is the tree failing 6 months after construction; right? >> right >> what would be required to protect the trees during construction. >> what is the cost. >> to protect the trees during construction i don't know the spefkdz on the engineering and the equipment needed to be placed in the right-of-way generally speaking if the engineers don't have the tool or implement to swing offer the trees you'll prune the trees pruning the trees is a reasonable cost you may remove a couple of stremdz but it things out the trees and create physical barriers that protect it there's other issues if not a basement at the current building not guilty if there is or not but a new construction that mailed look at the smaller absorbing roots but the cost to try to protect the trees you'll do a heavy pruning and moving equipment in and out of sites without daniel the trees cable channel 78 can be when you connect the main stems can be seen as an acknowledgement there's inherent rivengz risks this is a reasonable approval i'm not here to say the trees are a hazard but again that's more for the applicant to advocate to that stent. >> it's an that extensive cost not in pruning the tree but the limitations on how they complete the infrastructure you're paying a premium for those trees in place of residence. >> you can't get to the building they're constructing with the trees there. >> so in the removal of the tree is not the health of the tree i don't know that's the question. >> any other quiz. >> no, thank you i'm sorry. >> thank you commissioners the matter is submitted then. >> i'll start. >> go. >> i you know it is interesting that hayes valley is now a nice commercial area i remember it wasn't that long ago it probably is a district it didn't get it's fair share of public resources in dealing with tree removals and go everything else i'm supportive of the renewal this is the case that calls for it i'm supporting the permit. >> so are you finished commissioners. >> yes. >> i'm going to follow along the same lines as with my fellow commissioners i hate to see the canopy of this block change but if there's a development 8:00 stories up there's currently a demonstration the pruning is going to have to make the tree one-sided and not attractive and you urban removal is a good thing. >> i'll ask that to get the canopy my suggestion to require or to make it that is a 48 rather than a 36 to speed up the process of the canopy. >> just on hayes. >> just on hades about the - >> commissioner. >> don't have anything to add thank you i'm support of upholding the permit not sure i'm in concurrence with the box. >> i'll make a motion first to deny the appeal and approve the permit on the condition that the street trees on hayes be replaced by the 48 box rather than the 36 nchdz. >> do you want to state a basis that the department on as the department didn't error regarding the urban forestry recommendations. >> i'll make one further .48 boxes are not necessarily as ireland's available especially certain species. >> especially, since their widening the street the rest of the block is all ficus and that canopy will be a notable e noticeable difference on the block. >> okay mr. pacheco when you're ready. >> this year's a motion on the floor from commissioner honda to uphold this permit on conditions that the replacement trees on hayes street be of a 48 inch box size on the dbi didn't error in issuing that permit is that. >> that's correct. >> so on that motion to uphold the 48 box size condition commissioner fung commissioner president lazarus no commissioner wilson no vote is 2 to 2 3 votes are needed to amend my departmental action so absent another motion in permit will be you would as is with the 36 inch box condition thank you. >> i tried okay. >> no let's leave it at that. >> the permit is you would as is. >> all right. so we'll move on the next is appeal demetry virus the department of public works mapping arrest the property on market street protesting the ordinances to yummy hotdogs with the sale of hotdogs and cold drinks and we can start with the appellate in this case as well you have 7 minutes to present. >> good evening, council my name is demetri i own a beauty supply on market street for the past 10 years i want to clarify something that is not 995 we're ms. christensen for 994 and this case was heard last year and it was recommended that he be approved the permit one of the things they're not looking at one it is going to effect my business negatively i've procrastinate photos to show how close to the my biz business i sell products and two we work with the sfpd and go to all the community meetings to help make mid-market a safer place i've spoken to a couple of officers they can't get involved but come to the event why they don't support it we have an issue and we addressed we got a vote we submitted the video footage of the gunshots and my partner had a hold on them twits within the on the day of the gentleman's approval he was operating before we got his permit i ran down to dpw and the gentleman looked at the computer and said his permit were not approved but last night that day but i was trying to get the stewardship to shut him down this will negatively impact my business as the public safety mid-market has dealt with drugs and the community we're working closely with the sfpd to get this back together police officer are completely migrants it i'm against it it not only about my business but the public safety when the gentleman was illegal operating many of the drug dealers are starting to flock around there there is a bigger picture yeah, he needs to support his family and things to do everyone in small business wants to drive we have to look at how it negatively effects even though people that are there i've been working there for 10 years it allows me to put my 3 younger brothers through college i'm looking forward to staying there longer and help with the community and to help clean mid-market area i can't do this without your help what do you call that - one obstructs will will be in the way i ask you consider this and also you know one thing that needs to be considered the public safety and the public's right-of-way so i'm asking that you really consider it. >> are you finished. >> yes. >> what is there about this business that impacts the public safety. >> what he is selling and what he side effects my business one because of odor. >> the odor. >> a lot of people don't see that happening i have a strict no food or drinks in the business additional 24 i'm looking at the long term outside but the drug dealers when the cops come where are you here if you get a hamburger the cops can't touch you i- >> my question to this gentleman's business is that something. >> let me finish. >> is this somethings that has happened or you fear. >> it has i fear it will happen again. >> and on your establishment is your door on in terms of do you have a door. >> it's open. >> but you have a door. >> yes. >> you can close the door. >> no handicap i don't - but you can klass close the door and on it if someone disabled comes. >> yes. >> the day he was illegal operating it's amazing how the drug dealers are flocking when i went down to dbi i told them they would call him and get him off the streets he promised before the permits were issued he would e-mail me and no one was followed up on i saw it right now some will contest to and based on it, it's