ms. rodgers actually went through the details of what this new proposal looks like, and i know you have a copy with you today. so, i'm happy to take feedback, answer any questions, but we do want to thank the staff at planning, in particular sarah jones who is our ero who has been working closely i know with the community advocates and president chiu's office on this compromise legislation. of course, our city attorney elaine warren who drafted so many drafts of this legislation. all of us were starting to lose count of what we were looking at. but, again, look forward to continuing this process with you. thank you. >> thank you. there will be questions following. >> and i do apologize, i'll have to take off in about 5 minutes for moscone expansion meeting. >> okay. >> good afternoon, commissioners, andres powers with supervisor scott wiener's office. two years after a year of public process, six years at the land use committee, three hearings at the hpc, two hearings at planning, numerous stakeholder meetings and large round table discussions, [speaker not understood] unanimously passed

ms. rodgers from the planning department. >> thank you, supervisor.nn marie rodgers, staff of the planning department. as the supervisors know, this particular item has not yet been heard by the planning commission and will not be heard by the commission if the very nature of interim controls, that they require quick action and do not provide for such a noticed hearing. that said, the department staff have reviewed the interim controls and we believe that this is an important step in ensuring appropriate land use in this area under transition. a policy concern with the uses that supervisor wiener seeks to control is that these uses are typically deadening uses. interim controls take a step towards ensuring active uses would be required for all spaces in the upper market nct by requiring this commission review. without such review, these uses could be approved as of right in certain areas in this district. the code requires active uses, but only for the market street facing facades, and certain side streets such as church also require active uses under

ms. rodgers had mentioned in the past, there are some larger formula retail use control changes that are being proposed by some of the supervisors, district by district, and, so, the department hopes to work holistickly and come up with overall solution to some of the issues coming up related to formula retail. the other item was 1 spruce. this was a discretionary review that the planning commission heard in april. the commission unanimously approved the project. that was appealed to the board of appeals. originally scheduled for hearing in july, but the parties had come to an agreement. there was a hearing last night, it reduced the size of the addition slightly and did some landscaping. so, all the parties seemed satisfied and the board adopted those changes. and i'm available for any questions. >> commissioner sugaya. >> oh, sorry, never mind. >> thank you. >> good afternoon, commissioners. tim frye, department staff here to share with you the results of yesterday's historic preservation commission hearing. i did have one or two small announcements just to follow-up on commissioner su

ms. rodgers or ms. jones regarding the appealability to the board of appeals. and my question basically is there was one speaker, at least, who said the environmental action would not be appealable to the board of appeals, but one would expect any project would have appeals if there are permits which they themselves would be appealable. >> that's correct. when staff is presenting and we were saying there was an alternative method for appealing these sorts of changed projects, we were saying that generally those would be change projects [speaker not understood] exemption that have a building permit. so, the building permits could also be appealable. also, you might find it interesting as well as the public the fee for appeals to the building permits is much less than it is for a dr hearing. it's $175 and there is a fee waiver process for those who are in need and cannot afford the $175. >> that's good to know. and then the subject of the hearing at the board of permit appeals could then also mention as part of their appeal environmental concerns, or the fact --