nger 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 noting about the business but passive i know it's hard to see in the at any rate e heat of it all in the past couple of years it's predictable and going to happen i guarantee you. >> the plain clothes is under quite a bit of change the

flagship and 2 hundred commercial feet. >> that's it any questions for me. >> nope. >> thank you. >> thank you. >> outlook we're here from the permit holder. >> good evening, commissioners i say hold off permit i'm appeal as i mentioned on my briefly i used to own a small cafe an 6th and microsoft a small cafe i run it for 2 years and 2 months because of new ownership on that place and the lack of lease i lost it i tried to open up a

small business i xrernsdz in that east bay i tried to apply for a hotdog permit so i go through all the process and i did all the city requirement and did everything by codes and we send notices through the residential and commercial and 3 hundred radius so the only we get objections is mr. demetri was the only person that objected about the thing so we went to dpws and we the hearing officer hear them and the same history was telling you guys and they uphold it and the city granted me the permit

as mentioned that ivories operating illegal that's not true i had american people appointment are a health inspector and i wanted to see you on the side on the side where you were parking because so - he come over and inspecting it i was not selling nothing operating everything was perfect and the cooler was good and he showed me the permit it's not true first of all he's saying about the smell of the headquarters i'm he has merchandise and so do i and it is like 15 or 20 feet my stand a facing to the market

street which is the smell or the hotdog go this way not that way and it is based on speculation that the smell comes inside and residence my merchandise that logically activity in the area you know i mean as far as leveling activity they find it on the spot but illegal not in an open space and people are come on alternate and lastly unfortunately my business has a substation an 6th and market and market agency and there's a community ambassador which is patrolling that area all the time if they see a problem they'll longtime a law enforcement officer my cart is

not brings a magnet to the illegal activity in that area i'm trying to serve a fast food to the community and visitor that's not an option between 5 and 7th street with all due respect if i knew there was over 20 cars operating in san francisco for a longtime and a problem of this activity the city will not permit them to operate illegally we're not heard of this item i think we've been doing business for 2 years i've not heard the cart will make us for people to do their business

then sorry based on this i'm trying to do basically a small business and trying to work with the city and gain and help myself and my family so my that's all i can say right now. >> are you finished. >> yeah. >> so i is have a question is this the only cart you operate in san francisco in the bay area. >> yes. >> you're the sole - >> the sole owner yes. >> thank you arrest okay. we'll hear from the department. >> good evening raul with paychecks just to start off with a brief history on this application the applicant did

apply for two separate locations under one permit on market street and the 954 property is the one in question public works reviewed this and in correlation with the public works code and determining this was not in compliance after the notifications went out there of the 4 oakland's within the allotted time period and public works scheduled a dpw public hearing after the hearing the hearing officer reviewed the testimony and also all the documents that were simpleminded and determined this was in xhoinsz with the public works code and therefore gave tentative approval based on the approval from the hearing officer public works decided to move forward and kind of go over the criteria that we reviewed

a few of the main thing is the location criteria this particular application met the requirement in terms of zone and met the concerns of the cleaners from existing facilities and existing restaurant and 09 things of that nature there's a minimum excuse me. a 6 foot wide travel place for pedestrians the sidewalk is 68 photo wide in terms of of the odors and eegsdz from the cart and the public works didn't have the authority to live review that and prosecute the permit holder becomes operational the health department issued a permit and

the fire department approved the permit and reviewed the heating source and methods as well in addition as part of the public works code section of the article and as well as the dpw order the permit holders is required to advise to all the good neighbor policy policies and this includes maintaining the safetyness and cleanliness of the area the permit holder is to provide adequate trash incarnates the permit holder is required to make the patrons aware of the good neighbor policy and the transparence left over the permit holder is to clean up after close of business within

thirty feet and based on this public works simply reviewed that strictly migrants the code and the permit holder got the necessary permit and they were able to approve the permit. >> available for any questions. >> how does one contain odor when you're open the street. >> so i'm an expert on that i don't think it's necessarily contained but the emission requirement the carts are to place vents and infanticide in order to mitigate this. >> this is just a cart correct. >> this is a cart based on the size public works i'm sure open i'm sorry the department of public health has various requirement. >> if someone felt the odor was

two strong or in violation of this requirement who would they complain to. >> the complaints come to us we'll reach out to the health department directly and go based on their directors recommendations. >> thank you with the 4 climate were any of the 4 complaints recommended to like food. >> in the like food owners was taken out of the legislation. >> so i guess the revised ordinance seems to be helping out we've not had a cart for many months. >> to your knowledge on hamburger has odors been a major

issue not a major issue, however, the public works feels we at the end to disregard. >> do you know if complaints have been filed. >> with this general applicant. >> generally. >> i would say a fair amount of complaint have been filed a lot of time when they related to odor we tend to route those complaint to 311. >> you don't has nothing to do with with the disposition. >> no. >> okay. we'll take public comment the first person please step forward. >> i have comments to put the gentleman never had a at least where he was at 955 market

street because i never had a lease the owners wouldn't give him a lease not in business for 2 years he's never had a lease we have cleaned the area and you can joy the area now i can show you the pictures off our location and our beauty supply that is where he going to be right in front of the business. >> use the overhead. >> i'm sorry your time is not allowed to speak under public comment you're an owner the building so your time to speak is the same always the jihad's

you'll have a few minutes of the rebuttal so anyone else who is not affiliated with that business that wants to speak in public comment no. we'll take rebuttal now you have 3 minutes together for your side of this case if you want to use it go ahead. >> so hi again. (laughter). >> we been if business for 10 years on market street a community beauty supply a wig store we sell wigs to people egg e people with breast cancer and our consumers are african-american i've been there 10 years i'm aware of the location of the gentleman he's never had a lease they didn't give a lease to the previous person and his paperwork says

two years he was not there for two years but they want to be in front of of the beauty supply 6 days a week right in front of the busy paper stand in between 4 trees those streets right here in front of of the paper stand we're a clothing will store i don't know how they effective the onion and the frying of the sausage and the bacon is not going to effect our business we have 5 hundred wigs in stock human hair if you are close to the odor it will if you worked at a restaurant if you don't have proper ventilation 20 feet from our door how are they going

to contain the odor there's many located he can make money we're not making the money we are not making the money we were before there are so many locations why in front of our business it is not acknowledging our business we've been there in existence we used to send letters to the mayor's office i used to close the door and so i'm not in trouble>> next speaker. >> market street is a very tough area last year there were tests 85 deaths there were 64 not last year this year beginning on the first to the second cameras to when the chairs were there. >> so this is all i have to say about the odor is going to

effective and have a good impact on our business the wigs we have over 3 hundred human wigs and over like 4 hundred another wigs the odor b will come into our establishment who is going to buy a wig that smells like onions or hotdogs or sausage so market street you can walk introduce this is a invites place to walk. >> are you finished. >> yeah. >> you have to take into consideration your block is undergoing 2 hundred and 50 square feet tea and they're going to a majory model your business is going to flush. >> go if i'm not going to be there until