crepes? >> no. >> i do not see this is a chain store. i feel it is weak as a business model. >> i just have one last question. it is more directed toward 3d. there seems to be a more developing animosity between the community and the owner of the mall. in the beginning when the process began, there is a great deal of participation.

it all looked fairly glossiey. i admit error -- there are real plans. it meant extensive remodeling, etc., but as the economy got worse and the planning process kept moving, they withdrew or did not continue to participate, which i think the community found extremely disappointing. the community planning process went on in the way with any other region without any input

we do without any input. because japan town has been engaged in this planning process for so long, i would encourage the current owners to begin to be engage with the community, and i think part of what you are seeing today is based upon that mistrust, and the fact you have allowed them to move in, i was actually there over the weekend and found it to be quite fine. -- fun. i actually bought something, and

it does bring people to the malls. i think we have seen a lot of these. planning staff is very accommodating about trying to legalize the use, and i do not think that is a good way to proceed. i hope they will continue to become more community friendly. >> i have of a problem on this one. number one, allowing the expansion, when you know allowing them to expand without going through the planning process first, that is ridiculous.

much smaller occupants require a business plan. he is a nice gentlemen. he does not even know exactly what his menu is going to be, and he has had until the beginning of this year to put something together. the other big problem is somebody put their foot into it when they crossed out kobe bento. the man himself, when he got up to the microphone a few minutes ago said, i am a future owner. that is exactly what he said.

that is in direct opposition to what he put on the application, so what am i supposed to believe? do not expect the planning department to start monitoring this to find out if he has made an ideal -- has made a deal. this is something we are not equipped to deal with, so we have to be cautious, and i cannot support this because i do not believe i am being told anything logical, and i do not think i am being told anything truthful if somebody tells me i am the future owner of a formula retail indirect opposition to

what is on the paper. >> i would like to make a comment to what you just said. i would like to see a condition, should this be approved, but basically presents as much as i am support, this particular establishment could never be taken over by any other formula of retail, because that is obviously a way. this business line -- this business plan is of less than perfect for a thing. -- perfect footing.

i want to make sure there is a condition in disapproval -- in the approval but sends the message there will be no substituting. he cannot just handout off the -- handed off to the suppliers. >> i would be supportive of that. if it does fail, i do not think are conditions would allow it to be open. can we put that in there?

once we have completed a condition of approval. there is a condition we have drafted on page 8 that says is so be identified as a small self-service restaurant and not in retail use. >> i would assume it were to morph into that, it would no longer be a permit its use. >> it would no longer be subject to controls and would have to go through a process to become violent -- valid. parks commissioners, the motion is to take a project and modifications for staff recommendation.

on that motion? comissioner moore: no. comissioner antonini: no. >> the motion fails, 3-3. i need to allow for a substitute motion, so if no one is going to make a substitute motion, as crazy as your rules are, this should fail. >> the problem is we are going to have the same vote, so i will move to continue until we have seven commissioners. >> i would second that. that would fail. the project would go ahead.

it is 3-3. i will move to continue. >> i second that. >> can we ask that the project sponsor would bring something? >> the project sponsor could bring a menu or work it out with the community or whatever he needs to do to create a clearer picture. >> you're hearing for next week is close. all of your january hearings are closed, so this would be continued on january 2 -- on february 2. on the motion for a continuance of this item.

>> public hearing opened. >> if this is being continued, a public hearing is open to allow for reservations. on that motion? [calling votes] the motion passed, 5-1 with commissioner antonini voting against. you are now on item number 12. for 42 miramar avenue and who on a proposal to demolish and 12b

also for 42 miramar avenue and a request for dr of new construction. >> good evening. i am presenting two discretionary review cases for single-family miramar avenue. the report is due modifier -- is to modify the single-family dwelling and replace it signed -- replace it by a garage single feamily dwelling. for the original replacement building there was a discretionary review filed, and

the reason for the discretionary review was that it was to talk, too deep, and out of character. the second concern was the original structure did not provide enough parking spaces, and for the single family dwelling, they felt there should be at least two parking spaces. the department applicants revise the original structure, especially following the requested modifications, and the

changes include to not exceed the average of the two neighbors, and the second set a third story back from the front , and the third story although taller will not project beyond either of the adjacent buildings. this is the current structure. this is the final replacement structure. it is minimally visible from the

street and basically read like a two-story facade. the staff believes the final structure complies with the applicable provisions of the planning codes and is consistent with general policies, and finally, it is consistent >> therefore, the department would recommend the commission approved the demolition and the final replacement structure.

the notifications sent during the first -- had during the second notification based upon the final replacement structure was no d.r. filed. we contacted the original d.r. requestor. there was no objection against this final replacement structure. however, they did not withdraw the discretionary review. therefore, we would recommend approval of the project based upon the replacement and a single-family dwelling containing only one bedroom with a single family dwelling. it will contain four bedrooms. the tenants will be replaced as a result of this demolition

because the project scale will be no significant impact on the capacity of the street or muni. [unintelligible] although the project will maintain the same number of units at the side, it will provide three additional bedrooms compared to one existing bedroom, said it will be inappropriate development. finally, if the structure is more than 50 years old, and evaluation resulting in the determination is not an historic resource or landmark. this concludes the presentation if you have any questions. commissioner miguel: thank you. is the d.r. requestor present?

there was one filed. i just wanted to make sure that it was true. in that case, i would say it is before the commission. >> i don't see any problem with this. it seems like a good project. i don't see any reason why we shouldn't approve the demolition and to the new construction. of what move cannot take -- i would move to not take d.r. and approve. >> second. >> thank you. the motion on the floor is to not take the discretionary review and approve the demolition of the new constructions. commissioner antonini: aye. commissioner borden: aye. commissioner fong: aye. commissioner moore: aye. commissioner miguel: aye.

>> that motion passes unanimously. thank you, commissioners. is there any general public comment? commissioner miguel: this commission is closed. >> good evening, everyone. my name is filled in the third, the director of your parks department.

my job can be challenging at times, but on and that light tonight, i feel like the luckiest guy in the world to be here, to support families in the event like this is truly fantastic. this is the greatest city in the world, the greatest parks department. thank you for joining us. 82 years ago, uncle john mclaren, our first park superintendent started the tradition of minding a mile- long of live trees at, to where he lived at the time. behind you is the official entry of san francisco, and it is called uncle john's tree. it is a monterey cypress that is 131 years old. it is over 100 feet tall.

it has over 700 lights. it took 8 rec and park tree toppers to light this up. let's give a big round of applause honoring john mclaren, who would be 160 today. 82 years later, our staff has continued the tradition, and i want to thank all of the park staff, recreation staff, tree toppers, electricians, structural maintenance crew. everyone had a plan in -- hand in planning this tonight. i want to make sure that everyone is applauded for the great job that they had done. [applause] i also want to thank the city family who is here tonight.

mayor ed lee. we will hear from him in a second. members of the board of supervisors, including supervisor farrell, supervisor elsbernd, supervisor wiener, i think supervisor mar is trying to park. supervisor mirkarimi is supposed to be here. i want to thank our fire chief joanne hayes white for being here today. i want to thank our police chief. our treasurer, jose cisneros our rec and park commissioners. [applause] ana and reid, fiona ma.

i also want to thank quickly our entertainers for the evening. we have had some incredible entertainment. the golden gate band. the hoover middle school jazz band. the birchen high-school drum corps. the young people music theater company. the george washington high school marching band. the brunos. press, circus -- presscot circus. i also want to thank our co-host for the evening, the newly formed parks alliance.

the parks department cannot do it alone. the alliance has really become our best friend. i want to recognize their board chair. our executive director matt o'grady will come up to say a few words. >> thank you so much. the parks alliance is the new kid on the block. a brand-new organization, and yet, a very familiar organization, because we come from the san francisco parks trust and from the neighborhood council. these two organizations got together and realize they can do so much more by combining forces to make this park system the best open space system in the world for san francisco. i wanted to give you a couple of samples of some of the great

partnerships we have built to make these parks so fabulous and gray in san francisco. the first partnership is with none other than the parks and recreation department. it is called the gear up program, where we have been tried to buy resources for our part centers citywide. that program has raised, from your generosity, more than $300,000 or reparations centers across the city. bravo and thank you for your generosity. i want to mention another partnership we have had running through the san francisco parks alliance. take another look at this enormous, beautiful tree. trees like this do not get that way on their own. it started from a tiny seed, and it grew to this beautiful majesty because of the love,

care, and feeding and care that was provided to victory over the last 130 years by our gardeners and arborists. every tree in every part in san francisco, every plant, the landscaping that makes our parks so beautiful, they are that beautiful because of the gardeners, landscape architects, and other professionals of the park staff that care for them every day and night, 365 days a year. where do our gardeners come from? i see a lot of young people here. some of you might be interested in learning how we can nurture them to make them so beautiful for us. we have a partnership with union local 261, who developed an apprenticeship program to teach young people how to be the best gardeners in the world so they could join the staff of the

recreation and parks department and provide a future for parks and gardeners here in the city. thank you to you, 261, and the other partners that have been so great with us. i want to form another new partnership here with all of you. you may not know this, but today is a very special person's birthday today. some of you may not know this, but i got my start as a musician, as a conductor. i have not done it in quite awhile, but i will conduct all of you to sing happy birthday to none other than our own phil ginsburg, who is 45 today. please join me. >> ♪ happy birthday to you have a birthday to you

happy birthday, dear phil happy birthday to you ♪ [applause] >> thank you. all i want for my birthday is 50 more gardeners. all right. let's bring up our parks champion. he is everywhere in the parks system. he is playing ping pong in the square, playing ball, in golden gate park, he is everywhere. ladies and gentlemen, our mayor, ed lee. >> thank you. i thought all you want it was her two front teeth? thank you very much for coming. it is wonderful to see so many families here together.

this is the season where we celebrate with our family and kids. i cannot think of any place more wonderful to be than this 130- year cyprus to share with you the lighting of this wonderful tree. i want to thank our department representatives, city official family, elected officials. i also want to let you know, i came here last year. we saw painted on the side of this train, the world series chickenshit emblem. this year, we have our san francisco fire engine. -- championship emblem. a wonderful tribute to our fire department. i want to thank the chief for coming here