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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 14, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 3412 – 22nd Street aka 994 Guerrero Street. Appeal No(s). 05-111, Reed vs. DBI, decided September 21, 2005. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the suspension of the subject permit, with a finding that the medical cannabis use is not suitable for this location, on condition that the dispensary relocate as soon as legally possible and in anyway within 6 months, on condition that the Zoning Administrator’s conditions (dated Sept. 15, 2005) be implemented, and with a further finding that there is no intention to infer inappropriate business practices or anything that would negatively impact the appellant’s right to obtain necessary permits under new legislation for medical dispensaries (BOS File No. 051-250).
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(4) APPEAL NO. 05-197
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KEVIN REED dba “GREEN CROSS”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3400-3420 – 22nd Street
aka 994-998 Guerrreo Street.
Appealing a Permit Revocation Request, addressed to Dept. of Building Inspection Director Amy Lee, asking that Building Permit Application No(s). 2004/08/26/2632 (which authorizes the operation of a medical cannabis dispensary) be revoked.
FOR HEARING TODAY.
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(5) ADDENDUM ITEMS CONTINUED:
(5b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3931 Geary Boulevard. Permit revoked by DPW Bureau of Street Use & Mapping on October 26, 2005. Last day to appeal was November 10, 2005. Jurisdiction request received on November 28, 2005. Letter from Theodoras Koliatisis dba “4th & Geary Farmers Market”, requestor(s), asking that the Board take jurisdiction over the revocation of a merchandise display permit (DPW Order No. 175,688; Permit No. 05D-0001).
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(5c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Taxi permit (A-card) No. 068767. Permit revoked by Taxi Commission for non-payment of fees on October 4, 2005. Last day to appeal was October 19, 2005. Letter from Tara Housman, requestor(s), asking that the Board take jurisdiction over the Taxi Commission’s revocation of the afore-mentioned taxi permit.
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(6) APPEAL NO. 05-179
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HAYWARD WONG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension (and possible subsequent revocation) on October 12, 2005, of taxi medallion no. 436.
RESOLUTION NO. 2005-64.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-080
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CATHERINE SMITH
dba “MEDICAL CANNABIS
DISPENSARY”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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223 – 9th Street.
Appealing a determination dated April 15, 2005, addressed to Cathy Smith, that Planning Code § 816.21 requires Conditional Use (CU) authorization for the operation of a medical cannabis dispensary in the South of Market SLR (Service-Light Industrial-Residential) zoning district.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-176
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MARI KAWAGUCHI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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378 Sussex Street.
Protesting the issuance on October 12, 2005, to Andre & Katherine Yousefi, Permit to Alter a Building (on single-family house: 2-story, 555sf rear addition).
APPLICATION NO. 2005/04/05/9211.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-178
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A.T. HOGAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2170 Pacific Avenue.
Protesting the issuance on October 17, 2005, to Barbara Nash, Permit to Alter a Building (on 4-unit condominium building: construct extension to existing deck in rear yard; install a 1 hour fire separation wall along property line).
APPLICATION NO. 2005/10/17/5744.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-180
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GEORGE HAUSER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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30 Dore Street.
Appealing the denial on October 21, 2005, of Permit to Alter a Building (on 42-unit residential building: application to amend site permit no. 2004/08/26/2687S; convert transformer room into SRO unit, thereby adding 1 residential unit; the total residential unit count will be 43 units; the transformer will be relocated to an exterior underground vault located on the property).
APPLICATION NO. 2005/07/08/7099.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-181
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CITIZENS FOR EQUAL
TREATMENT IN THE
PERMIT PROCESS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1634-1636 Waller Street.
Protesting the issuance on October 13, 2005, Eun Young & Seil James Lee, Permit to Alter a Building (on 2-unit building: add dormers on existing 4th floor family room and rear bedroom; add new bathroom, new skylights and miscellaneous interior remodeling; all work to be done on 4th floor only; dormers to comply with Zoning Administrator bulletin dated June 1, 1996).
APPLICATION NO. 2005/10/06/4992.
FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents: 1) Preliminary Statement of Appeal and Appellant’s Brief; 2) Permit Holder's, Respondent’s or Other Parties’ Brief; 3) Appellant’s Reply; 4) Departmental decision, order, permit, determination, resolution, or notice of violation; and 5) Correspondence. These items are available for review at the Board's office, 1660 Mission Street, Room 3036, front counter. Please call 415-575-6880 if you have any questions concerning this agenda. Date posted: Dec. 8th, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
FRANK FUNG VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
RANDALL KNOX COMMISSIONER
- OFFICIAL COURT REPORTER 415-506-0430; THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 P.M. & WHENEVER NECESSARY FOR THE CONVENIENCE OF THE COURT REPORTER.
PROCEDURE AT HEARINGS
The order of presentation of an appeal shall be as follows: In the case of appeal of denials, revocations and suspensions the representatives of the department, board, commission or person from whose order the appeal is taken shall speak first and shall be allowed seven minutes for their presentation and three minutes for rebuttal.
The appellant whose permit has been denied, revoked or suspended shall be allowed seven minutes for oral argument and three minutes for rebuttal.
In the case of protest appeals, the protestor shall speak first and shall be allowed seven minutes to present oral argument and three minutes for rebuttal, and the permit holder shall be allowed seven minutes to present oral argument and three minutes for rebuttal. The Board may request a departmental response at its own discretion.
Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes, unless the presiding officer further limits time uniformly.
SPECIAL NOTES
Mailed notices of public hearings on appeals are sent to all parties at least five days prior to the date of hearing. In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa
Briefs are limited to twelve pages, excluding exhibits, which should be tabbed for easy reference. The complete Rules of the Board are available for review at the Board office, and on our website.
Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to the Board President, and be received at the Board office, 1660 Mission Street, Room 3036, no later than 4:00 p.m. the Thursday (six days) prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official
record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies.
Pursuant to Government Code § 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing.
Calendared items are sometimes withdrawn or rescheduled to a later date prior to hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called.
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
ACCESSIBILITY INFORMATION
American sign language interpreters and/or sound enhancement system will be available upon request by contacting Catherine Johnson at 575-6882 at least 48 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: Adele Destro by mail to Interim Administrator, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine/.
LOBBYING ACTIVITY
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please
contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
SUGGESTIONS TO IMPROVE EFFICIENCY
The Board welcomes suggestions from the public regarding improvement of the efficiency of its operations. Please direct your comments and suggestions to Robert Feldman, Executive Secretary, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the office, and on the web site.
Note: Each item on this agenda may include the following documents: 1) Appellant's Preliminary Statement of Appeal and Brief; 2) Respondent’s or Permit holder's Response Brief; 3) Appellant’s Reply; 4) Department decision, order, permit, determination, resolution, or Notice of Violation; and 5) Correspondence of public and parties.
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
