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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPT. 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) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 425 – 1st Street aka 1 Rincon Hill. Planning Commission Motion adopted on August 4, 2005. Last day to appeal was August 19, 2005. Jurisdiction request received on September 2, 2005. Letter from Rene Avanessian, requestor(s), asking that the Board take jurisdiction over Planning Commission Motion No. 17077, which authorizes a determination of compliance under Planning Code § 309.1 for a proposal to construct a new residential project that would consist of approximately 709 dwelling units, up to 709 off-street parking spaces, and approximately 3,200 gross square feet of retail, and for the granting of an exception to allow greater than one parking space for every two dwelling units under Planning Code §§ 151.1(d) and 309.1(d)(8)(A). Project Sponsor(s): Rincon Ventures LLP.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1314-1316 – 7th Avenue. Variance denied on December 9, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on March 3, 2005. Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V. Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. Note: if this jurisdiction request is granted, then Appeal No(s). V04-199, Item 4, filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.
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(4) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1314-1316 – 7th Avenue.
Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).
VARIANCE CASE NO. 2004.0408V.
FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.
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(5) APPEAL NO. 05-137
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ROBERT V. CUEVA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1636-1638 Great Highway.
Appealing the imposition of penalty on August 3, 2005, for work done without a permit (response to NOV no. 200558996; demolish illegal 3rd dwelling unit on ground floor; remove kitchen and bathroom and provide for permitting of storage rooms).
APPLICATION NO. 2005/07/27/8735.
FOR HEARING TODAY.
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(6) APPEAL NO. 05-130
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7-ELEVEN NO. 33501H, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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564 Market Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 04-05-269.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-131
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7-ELEVEN NO. 33434A, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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711 Market Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 03-05-269.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-132
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7-ELEVEN NO. 23342E, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3080 San Jose Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 05-05-268.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-204
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ELIZABETH FREITAS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1915 Diamond Street.
Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf into two separate lots).
VARIANCE CASE NO. 2004.1108V.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-134
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SIERRA INDUSTRIES WEST LP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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290 Division Street.
Appealing a Notice of Violation dated July 14, 2005, addressed to Sierra Industries West LP, that B.P.A. No. 2002/10/17/9237 for a general advertising sign at the subject property was issued in error, that the sign constructed pursuant to this BPA was constructed on the roof instead of the exterior wall, that a second sign has been constructed on the roof, and that both roof signs are visible from the freeway, in violation of Planning Code §§ 175, 608.5, & 611.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-112
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FRANKLIN CHAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: BETH LEWIS & RICHARD LOWDEN
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575 – 25th Avenue.
Appealing the denial on June 14, 2005, of Site Permit to Alter a Building (on single-family house: two-story horizontal addition to rear of existing building as per plan; one-story additional height to existing building as per plan).
APPLICATION NO. 2003/08/26/3071S.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-135
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ANNA YAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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318 – 22nd Avenue.
Protesting the issuance on July 20, 2005, to Yuen Hung Lam, Permit to Alter a Building (on single-family house: change existing roof to roof deck; extend existing parapet walls).
APPLICATI ON NO. 2005/07/20/8153.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-136
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GUADALUPE RAMIREZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1184 Geneva Avenue.
Protesting the issuance on July 21, 2005, to Flordeliza Tarifa, Permit to Alter a Building (on single-family house: removal of unlawful kitchen located at 2nd floor to comply with NOV No. 200559369; work at 2nd floor only).
APPLICATI ON NO. 2005/07/21/8312.
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: September 8th, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
FRANK FUNG COMMISSIONER
MICHAEL GARCIA COMMISSIONER
RANDALL KNOX COMMISSIONER
CLAUDINE WOEBER - 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.
