any other public comments? seeing none, we can move into rebuttal. the you have anything more to say? you can speak now. three minutes. >> i never know as they have a place there, so that is why we planned it their superior -- planned dit there. thank you. spherby commissioners, i sense e

confusion, and we had better shed some light on this. the applicant applied in approximately march or april of 2011. the department provided notification in april before and now the merchant received any notification. the decision was made. the permit was issued at the end of october of last year after the information and the associated requirements have been satisfied. this permit was appealed. therefore, they cannot operate. there was a lack of notification from the merchant of provided the statement, and i hope it will clarify what happened.

>> is it clear that businesses within 300 foot radius? >> it is. however, at the time of application of a permit process, there were no other like foods in the vicinity. similar to what happened previously, a food truck would be authorized for a specific location that may choose not to operate for a little while. someone may move in like this. they got a permit from of police department, did not operate for a couple months. the merchants of this commercial space, a police it, opened a copper rioja region t-- the merchant opened this space,

leased it. there is nothing as long as they do not change their merchandise. >> we heard testimony from the individual who just commented of the menu from the prior owner was similar to the existing menu, that they sold vietnamese foods as well. >> that may be correct. we would not have knowledge. the expectation is when we provide notification there was serious concern. there is an issue. >> unless that is brought to you, we do not have knowledge. >> i thought part of the process and look at light food.

>> we do our best to look at what is out there, but these are situations where something has been happening with that specific business, that you decide maybe it is not the right location, and maybe for them, it was not important, because they knew they were leaving. >> we understand the chronology and the sequencing actually was very close between those things that happen. this board does not have to only look at sequencing, and if we did not, i would ask you, knowing there was another facility, would you think there was an issue of like food?

>> the department was informed its this merchant was selling similar foods, we would work to relocate to other places or use another location had we known about this. >> thank you. >> are there going to be additional fees if the process takes place? >> there will be our prenotification see -- a renotification fee, but we will work with the merchant and the applicant your your -- and the

applicant. >> given these circumstances, will those thesfees be waved? >> the department itself cannot waive it. we do not have the ability. we will try to find some applicable solution. >> the merchant being this permit holder or the other location? >> the permit holders specifically. >> work with them how? >> we had one other situation where it was a police department permits. we found out after the fact that it was authorizing a location that is not allowed under current legislation. we wound up working with the merchant in this specific case,

and we wind up observing it by providing a posting whether the and a mailing -- rather than a mailing. we did a posting 300 feet informant now the residents and businesses at a smal certain location. >> the condition of approval, and i am curious. we have been presented this material that was not in our materials. i am recalling that these are not permanent.

at what point? but they are required to be renewed every year. if an applicant who is not who eligible, daycare anthey can ree permit. >> should we deny the appeal, and a permit can go forward, and the permit holder can commence their businesses, but they would be permitted to operate for at least a year unless weekend edition of permits for the duration? they would have to renew, and

during that process common you would have to go through the process. >> there are no notification requirements. we evaluate whether there have been notices of violation to this merchant. whether there have been issues of public health, that we determined this was not an appropriate use. the department can revoke and not allow it to renew. >> i did not hear any of incentive -- any bases. i did not hear you say development might not be affected economically by the

exis. >> that would be correct. you have a situation of a location selling specific food. then you have a commercial enterprise. i am going to sell similar food and then turn it around and require the department to revoke it. >> thank you. >> the matter is submitted. >> if i can ask the woman who spoke in public testimony to come up, thank you for coming back.

i am confused as to the chronology. you started operating, or you applied to operate in november of 2011? >> we started to operate december 12 of 2011. we signed police -- the lease on november 1. >> when did the other one ceased to operate? >> my understanding is they were granted a permit on october 28. >> you took over a spot, and someone was operating there. when did they cease to operate? >> october 31. >> you think they anticipated they were going to cease to operate?

did they negotiate a lease before they cease to operate? >> they were subleased, so they do not want to do the business. that is how they came in. >> they said, you want to operate here. >> yes. >> the operation that was here before with not know? there was no disclosure teo -- now is closer to you? >> no. we have no clue about that until we got a postcard. goo>> thank you.

five commissioners comments? >> may i asked a question as a citizen? public comment is closed? >> yes. >> i will start with what bothers me first of all. let's say you already operate of food facilitiey, and when you start to operate there is a similar operation within 300 feet. it would seem unfair that someone could open a facility and put you out of business. i would have trouble with that. it does not seem this particular permit holder did anything irregular, and it seems to me in every way his permit is valid in

terms of the problems raised by the appellant. we know there is no elevator there. we know the sidewalk is wide enough not to have an affect on pedestrian traffic. the fact there is trash, the problem has to be solved now by making sure those people already operates there. the way that is might have nothing to do at all with these facilities. i am torn as to whether or not to uphold this, because we have new information where someone

who was maybe purposely misled. they should have known this operation would be applied for, and this operator was going through great expense to be there, so i would like to hear what their thoughts are. >> i have a question for the permit holder. can you tell me what you knew about the place on the corner? >> no, according to her they would operate entire food -- thai food. >> she said the enemies. you were not aware there was vietnamese food being served? >> no. >> did you walk around that block?

>> we wanted to be fair. >> there was a food operation is a public speaker is operating from? did you go there bowma? i can understand you might have a little anxiety. if there food operation was there, did you go look at the menu in and see what they are selling and make your determination and now that you would not be in conflict with them? >> no. >> you did not? >> we did go around to find if there was of food conflict. >> when you got to this area of the woman now occupies? >> i am not sure which one. >> she is going to be across

from where you are. >> kitty corner. now >> is she kitty corner? >> across the street is wells fargo, and this building. >> if the building across is the 200-block, and you are at one, there cannot be 100. a one and 100 are the same. >> that is the address. >> their location is the middle of the block. >> when you went to that operation, you could not tell if it was similar to yours? you felt it was not? >> we go around and see if there is anything similar. >> i am not talking about going

around. q. now know where this woman who -- >> i do not have any idea of. >> thank you. >> i want to follow up on the comments of vice president garcia. i feel similarly and terms of if the mobile food facility is already in existence, the permit was properly issued. that is how i feel. i do not feel as if any of the complaints made by the appellant are going to hold any sway with me, but the existence of a properly permited business

should not be ousted by another business that comes after the fire. that is my thinking of it. i think is unfortunate timing. i would not go so far as to say there is anyone misleading anybody. >> there is a lot of similar thinking. your before i go there, the wall is quite popular. i remember when i first started going to send francisco, i would sit on that wall so it is

interesting. an agreement with what the other commissioners have said, some of the other issues we have looked at relating to the sidewalk and all those other things, i do not see those same issues we brought up before. in this issue of equity, it is unfortunate timing, and i am sympathetic to the other business owners. the timing of this particular lease occurred later. it does not mean we cannot do something like that, but i am not sure what.

i am leading to the fact that it is properly authorized permits based upon the findings the department issued. >> just thinking about it a little more, the business model is pretty well established given the type of facility the permit holder has. the way i feel right now is is a possibility -- i am sorry, i do not have your name.

miss tran's operation might have some things similar to the cart and might have things that are diverse and different, and her operation has the ability to alter their menu if it turns out this is to greater competition. is has been stated, is subject to review. i do not know what the impact would be or how to establish incentives we did establish it, so there is no basis to compare what happens going forward. i feel the proper thing to do is to uphold the permit and to deny the appeal based upon the fact that the appeal has to do with

the other issues we are talking about, elevated motion on the sidewalk and whether or not it is going to block the sidewalk, distance from the bus stop, trash, the individual operating is going to be responsible for picking up the trash. it has to do with the pushcart at the entrance to the appellant building, and if is well separated. i do not see that as an issue, so i moved we deny the appeal based on the things just stated, that i did not find a basis to overturn or to give it a year to see what happens.

>> i agree with that. there is a motion on the table. >> we have a motion to deny this appeal and uphold the permit. [calling votes] the vote is 4-0. this permit is upheld. >> we are going to >> item number 8. jay moses v. the dpw. protesting the issuance on october 27, 2011.

we will start with mr. moses. you have seven minutes. >> thank you. good evening. i'm here to ask for your help because they're planning on cutting down all the big trees, a block. i would like to think of myself as a reasonable resident of san francisco. i am outraged. that this city has given permission to the school across the street for the trees to be removed in what i considered to be the absence of any legitimacy. i am not an arborist. i do base my decision to appeal the permit order on the work of the city's arborist. he says this matter can be addressed by simply pressing or trimming away some of the

branches that are -- pose a danger to the school. and the students. not to mention the residents of san francisco. it seems to me that the matter has not been clearly established as a necessity. and i need your help. i do not think mr. buck is here. the director or somebody, one of the city's barbarous does here, is that right? i am hoping to get to the bottom of how it came to be that decision -- the decision was drastic and i am hanging my hat on the findings of chris buck. i am upset i do not have him here to address this matter personally.

it seems to me that the city, the department of public works is relying on the notion of a pattern in regard to these trees being part of some -- being somehow tied to the health of other trees that have been center move. one was struck by lightning and i have a neighbor here who will speak to that, he was an eyewitness. the other was a tree that is identified as one that needs to be removed for safety reasons. it did have a catastrophic collapse in advance of the city's moving it. that wasn't on healthy tree. i see these trees here, this is a black-and-white picture. i did not rely on much of an address other than a personal appeal for your help. that is about all i have.

again, i am relying on the statements of this city's arborist who said there were certain limbs that could be cut and that could remedy the situation. i do not understand why we could not reach compromise our build some consensus about whether these are not healthy or there is good reason for them to be removed and to leave an empty street with no trees. it is a very beautiful street and i am interested in maintaining that. it is hard to put a dollar value on duty. there is the notion of children playing in a playground at school and getting crushed. needless to say, i do not want that either. i do want what is there and what we have here, i do not think is. that is it. >commissioner fung: you lived

there hear? >> i have lived on oak street for more than 30 years. commissioner fung: you're across the street. >> i am right across the street. this is a block where you have a lot of noise echoing through the way the school is built in the way my courtyard is bill. the sound bounces around and i think the trees to provide some insulation and some relief from the street noise. there is a lot of traffic. oak st. is a heavily traveled thoroughfare. it has one way lights going up franklin which is another major 0 fair -- to repair. you have a lot of traffic. this does provide some insulation as well as some relief from the pollution and most of all, those trees make the street very beautiful.