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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 7, 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) CLOSED SESSION ON ANTICIPATED LITIGATION:
A. Public comment on all matters pertaining to the closed session.
B. Vote on whether to hold closed session to confer with legal counsel regarding threatened litigation relating to Veterans Taxicab Co. (SF Administrative Code § 67.10(d).)
C. Conference with legal counsel in closed session. (CA Gov’t. Code §§ 54956.9(b)(1); SF Administrative Code § 67.10(d)(2).) On possible case as defendant.
D. Reconvene in open session:
1. Possible report on action taken in closed session and the vote thereon.
(CA Government Code § 54957.1(a)(3); SF Administrative Code § 67.12(b).)
2. Vote to elect whether to disclose any or all discussions held in closed session.
(SF Administrative Code § 67.12(a).)
(4) ADDENDUM ITEM:
(4a) JURISDICTION REQUEST:
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Settlement Agreement between Veterans Cab Co. & the Taxi Commission. Settlement signed on October 27, 2005. Letter from Mark Gruberg, agent for United Taxicab Workers, requestor(s), asking that the Board take jurisdiction over this settlement agreement concerning 25 taxi medallions held by Veteran’s Cab Co. (Medallion Nos. 193, 194, 204, 205, 209, 210, 213 - 216, 220, 222 - 230, 236, 240, 248, 249 and 275.
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(5) APPEAL NO. 05-138
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FALKO STRUNZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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121 Shotwell Street.
Protesting the issuance on July 26, 2005, to George Quellette, Permit to Alter a Building (on 6-unit apartment building: remove illegal occupancy in basement per NOV; remove illegal plumbing work; remove illegal electrical work).
APPLICATION NO. 2005/07/26/8665.
PUBLIC HEARING HELD & CLOSED ON SEPT. 21, 2005. Note: Matter continued to allow time for appellant to relocate, and with DBI to conduct a site visit for imminent life/safety issues.
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(6) APPEAL NO. 05-142
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TOM McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1140 Potrero Avenue.
Appealing the denial on August 16, 2005, of Permit to Demolish a Building (2-story single-family house).
APPLICATION NO. 2004/07/23/9615.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-167
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BAY CAB COMPANY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing a Notice of Decision dated September 26, 2005, that orders the payment of all fines, abatement of all violations within 3 months, and the imposition of a 1-year probation.
RESOLUTION NO. 2005-60.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-169
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CLEMENT ANGELI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 4, 2005, of Driver of Public Passenger Vehicle for Hire Permit (P44) due to non-payment of fees.
PERMIT (A-CARD) NO. 045978.
FOR HEARING TODAY.
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(9) 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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(10) APPEAL NO. 05-168
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SUSAN PAYNE & ARISA FULLER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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244 – 6th Avenue.
Protesting the issuance on September 27, 2005, to Jing Jie He, Permit to Alter a Building (on 2-unit building: replace unsound stair and replace stone with stucco per plan).
APPLICATION NO. 2005/09/27/3928.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-170
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CLAUDELL LE BLANC, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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22 Roanoke Street.
Appealing the denial on October 12, 2005, Permit to Alter a Building (on 2-unit building: renovate façade; new windows; new deck on existing 1-story roof at rear; replace existing back stairs; remodel kitchen and bathroom in both units; new 1-hour corridor in garage to lower unit; plumbing and electrical work under separate permits).
APPLICATION NO. 2005/08/08/9749.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-171
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YUE ZHEN OU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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260 Kearny Street.
Appealing a Health Permit Zoning Referral, dated July 20, 2005, addressed to Yue Zhen Ou, which disapproves the proposed massage establishment use because such use is not permitted within the C-3-O (Downtown Office) zoning district under § 218.1 of the Planning Code.
JURISDICTION GRANTED OCT. 5, 2005.
FOR HEARING TODAY.
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ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-172
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MONIO PILPEL, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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317 Sloat Boulevard (Vacant Lots at SW corner of 19th Avenue & Sloat Boulevard).
Protesting the issuance on October 19, 2005, to City Ranch / Emerald Forest, Temporary Use Permit (open-air sale of agricultural products for seasonal decoration, including pumpkins).
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-192
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MONIO PILPEL, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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317 Sloat Boulevard (Vacant Lots at SW corner of 19th Avenue & Sloat Boulevard).
Protesting the issuance on October 27, 2005, to City Ranch / Emerald Forest, Temporary Use Permit (open-air sale of Christmas trees).
FOR HEARING TODAY.
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(14) APPEAL NO. 05-174
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BING CHEUK LAW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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227-229 – 7th Avenue.
Protesting the issuance on October 5, 2005, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: 1st floor remodel, bedroom and study; 2nd & 3rd floor remodel, kitchen and bathroom; add new bathrooms (interior remodeling); all work is within the existing envelope of building).
APPLICATION NO. 2005/10/05/4858.
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: December 1st, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
FRANK FUNG VICE PRESIDENT
KATHARINE ALBRIGHT 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.
