2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCT. 1, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist.
(1) PUBLIC COMMENT:
|
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.
|
SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
|
Discussion and possible adoption of the Sept. 10, 2008 and Sept. 17, 2008 minutes.
|
ACTION: Upon motion by Commissioner Goh, the Board voted 5 – 0 to adopt the September 10 and September 17, 2008 minutes.
(4) SPECIAL ITEM:
|
Informational presentation by the Planning Department.
|
ACTION: Rescheduled.
(5) ADDENDUM ITEMS:
(5a) ADOPTION OF FINDINGS:
|
Subject property at 529-531 Clayton Street. Appeal No. 08-079, Schmetterer vs. ZA, decided Aug. 20, 2008. At that time, upon motion by Commissioner Goh, the Board voted 5-0 to overrule the Letter of Determination with adoption of findings at a later date. LOD: regarding the current legal use on record of the subject property.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the OCA’s findings with revisions to paragraph 7.
SPEAKERS: Niall Vignoles, attorney for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(5b) REHEARING REQUEST:
|
Subject property at 1179-1189 Tennessee Street. Letter from Thomas Lippe, attorney for Trust of Regan Carroll, appellant, requesting rehearing of Appeal No. 06-200, decided March 7, 2007. At that time, upon motion by Commissioner Albright, the Board voted 2-3 (President Knox, Vice President Garcia, and Commissioner Fung dissented) to uphold the denial of the subject permit. Four votes being required to overrule a departmental action under the City Charter, the denial of the subject permit was upheld. Project: construct a four-story, eight-unit residential/commercial building with 5,580sf of ground floor area, BPA No. 9902819S. Note: One April 4, 2007, the Board voted 4-0-1 (RH absent) to reschedule this matter one year to April 2, 2008. On April 2, 2008, the Board voted 5-0 to reschedule this matter to the Call of Chair pending the outcome of the appellant’s application for a Certificate of Appropriateness at the Landmarks Preservation Advisory Board.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to grant the rehearing request.
SPEAKERS: Thomas Lippe, attorney for appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(5c) ADOPTION OF FINDINGS:
|
Subject property at 245 Clement Street. Appeal No. 07-196, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to overrule the Notice of Violation with findings and conditions to be adopted at a later date. NOV: regarding an unauthorized independent massage establishment use at the subject property.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to adopt the findings with revisions to paragraphs 5 and 10B.
SPEAKERS: Tina Tam, PD; Brett Gladstone, attorney for appellant.
PUBLIC COMMENT: Kathlene Dominguez-Samudio and Hank Lum spoke in favor of the appellant.
(6) APPEAL NO. 08-108
|
KENNETH ZANKEL, Appellant(s)
vs.
PLANNING COMMISSION, Respondent
MOTION HOLDER: 290 Sutter Ltd. Partnership
|
300 Grant Avenue.
Protesting the adoption of findings on June 12, 2008, pursuant to Planning Code § 309 related to a determination of compliance for a building exceeding 50,000 gross square feet of floor area and 75 feet in height, and the granting of exceptions to Planning Code standards for rear yard area, off-street parking, building height, and building bulk (proposal is for new, 10-story mixed-use building with 45 dwelling units, below-grade parking garage, and ground floor/second floor retail space).
MOTION NO. 17615.
PUBLIC HEARING HELD AND CLOSED ON SEPT. 17, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow participation of all five Board members.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the adoption of findings by the Planning Commission.
SPEAKERS: Sue Hestor, attorney for appellant; Steve Atkinson, attorney for motion holder; Craig Nikitas, PD.
PUBLIC COMMENT: Tim Colen spoke in favor of the motion holder.
(7) APPEAL NO. 08-133
|
JASON ALEXANDRIDIS
& LEE PARIES, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
110 Hoffman Avenue.
Appealing the denial on Aug. 13, 2008, of Tree Removal Permit.
ORDER NO. 177,592.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to October 29, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-104
|
THEA SELBY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
442 Haight Street.
Protesting the issuance on May 6, 2008, to Harvey Rudman, Permit to Alter a Building (legalization of an existing medical cannabis dispensary; no physical alteration to existing space).
APPLICATION NO. 2007/05/18/1718S.
JURISDICTION GRANTED JUNE 18, 2008.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to revoke the permit, with adoption of findings at a later date.
SPEAKERS: Thea Selby, appellant; Antoine Barron, SFPD; Brian Soriano, attorney for MCD operator; Jason Beck, MCD operator; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Bill Maher, Vallie Brown, Richard Johnson, Unicorn Escobedo, Mary Lee Kane, Robin Endres, Rob Bregoff, Seb Hamamjian, James Warshell, Cedric Holley, Michael Patton, Madeline Behrens-Brigham, and James Whereat. Cameron Johnson spoke in favor of the permit holder.
(9) APPEAL NO. 07-132
|
MARSHALL UNGAR
& ELIZABETH LIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2220 Castro Street.
Protesting the issuance on July 20, 2007, to David Chan, Permit to Alter a Building (vertical and horizontal addition).
APPLICATION NO. 2006/04/12/8740S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to January 14, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-128
|
COLLEEN GREENE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
700 Valencia Street.
Protesting the issuance on July 25, 2008, to John O’Connor, Permit to Demolish a Building (one-story building with 780sf of ground floor area).
APPLICATION NO. 2005/04/14/0084.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the permit.
SPEAKERS: Scott Sanchez, PD; permit holder appeared but did not speak; appellant did not appear.
PUBLIC COMMENT: None.
(11) SPECIAL ITEM:
|
Discussion and possible action on whether to grant jurisdiction and proceed to hearing on Items 12B, 12C and 12D pursuant to special appeal procedures that were adopted by the Board on July 23, 2008.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to grant jurisdiction, for 08-122, 08-126, and 08-127.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (12A), (12B), (12C) & (12D) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 08-088
|
UNITE HERE LOCAL 2, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
No specific subject property.
Appealing a Letter of Determination dated May 23, 2008 and all subsequent revisions in July 2008, regarding the Large Tourist Hotel Conversion Ordinance (Admin. Code § 41F).
FOR HEARING TODAY.
|
(12B) APPEAL NO. 08-122
|
UNITE HERE LOCAL 2, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
No specific subject property.
Appealing a Bulletin dated May 23, 2008 and all subsequent revisions in July 2008, regarding the Large Tourist Hotel Conversion Ordinance (Admin. Code § 41F).
BULLETIN NO. 2008-01.
FOR HEARING TODAY.
|
(12C) APPEAL NO. 08-126
|
FAIRMONT HOTEL COMPANY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
No specific subject property.
Appealing a Bulletin dated May 23, 2008 and all subsequent revisions in July 2008, regarding the Large Tourist Hotel Conversion Ordinance (Admin. Code § 41F).
BULLETIN NO. 2008-01.
FOR HEARING TODAY.
|
(12D) APPEAL NO. 08-127
|
FAIRMONT HOTEL COMPANY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
No specific subject property.
Appealing a Letter of Determination dated May 23, 2008 and all subsequent revisions in July 2008, regarding the Large Tourist Hotel Conversion Ordinance (Admin. Code § 41F).
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to overrule the Bulletin, and modify the Bulletin (2008-01) pursuant to the ZA’s September 18, 2008 brief.
Afterwards, upon motion by Commissioner Mandelman, the Board voted 2 – 3 (President Garcia, Vice President Fung, and Commissioner Peterson dissented) to overrule the Letter of Determination, and modify the Letter of Determination pursuant to the ZA’s September 18, 2008 brief except for the Hyatt Hotel’s placement in the queue. Motion failed for lack of four votes.
Afterwards, upon motion by Commissioner Peterson, the Board voted 5 – 0 to overrule the Letter of Determination and modify the Letter of Determination and queue pursuant to the ZA’s September 18, 2008 brief.
SPEAKERS: Anne-Marie Rodgers, PD; Sue Hestor, attorney for Unite Here Local 2; Pam Duffy, attorney for the Fairmont Hotel; Michael Burke, attorney for the St. Francis Hotel; Steve Vettel, attorney for the Grand Hyatt Hotel; Mark Solit, agent for the Grand Hyatt Hotel; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 10:07 p.m.
