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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 19, 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, and 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); Scott Sanchez, Planner, Planning Department (PD); Lisa O’Malley, Inspector, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant for the Board; Manuel Payes, Clerk Typist.
(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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SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: President Garcia on behalf of the Mayor and Board of Supervisors President Aaron Peskin presented certificates to Victor Pacheco for his outstanding performance as interim Department Head and thanked him for his dedication and service.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the November 5, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the November 5, 2008 minutes.
(4) SPECIAL ITEM:
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Discussion and possible action to provide ten-day notice to suspend Article V, Sections 1, 2e, and 4 of the Rules of the Board, and to adopt special administrative procedures to expedite the Board's appeal process for permit appeals related to the Western Addition Redevelopment Area.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 1 (Vice President Fung dissented) to not propose a rule change.
SPEAKERS: Amy Neches, for Redevelopment Agency (RA); David Silverman, attorney for developer.
PUBLIC COMMENT: David Pilpel and Peter Chernoff spoke against the propose rule.
(5) ADDENDUM ITEMS:
(5a) REHEARING REQUEST:
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Subject property at 442 Haight Street. Letter from Brian Soriano, attorney for Jason Beck, MCD Operator / Real Party in Interest, requesting rehearing of Appeal No. 08-104, Selby vs. DBI, PDA, decided Oct. 1, 2008, and findings adopted on Oct. 15, 2008. At the Oct. 1, 2008 meeting, the Board voted 4-1 (Commissioner Mandelman dissented) to revoke the subject permit with adoption of findings at a later date. Permit Holder: Harvey Rudman. Project: legalization of an existing medical cannabis dispensary; no physical alteration to existing space; BPA No. 2007/05/18/1718S. Note: Public hearing held and closed on Nov. 12, 2008. For further consideration today.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to deny the rehearing request.
SPEAKERS: Brian Soriano, attorney for MCD operator; Thea Selby, appellant; Scott Sanchez, PD.
PUBLIC COMMENT: David Pilpel spoke in favor of the appellant.
(5b) REHEARING REQUEST:
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Subject property at 1960 Golden Gate Avenue. Letter from Raquel Fox, attorney for appellants, requesting rehearing of Appeal No. 08-051, decided Oct. 15, 2008. At that time, the Board voted 3-2 (President Garcia and Commissioner Peterson dissented) to revoke the subject permit. Four votes being required to overturn a departmental action, the permit was upheld. Permit Holder: James Ulahue. Project: remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995; BPA No. 2008/01/28/3333.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 2 (Commissioner Goh and Commissioner Mandelman dissented) to deny the rehearing request.
SPEAKERS: Raquel Fox, attorney for appellants; Marianne Beck, co–appellant; Ryan McCanley, co–appellant; Philip Head, co-appellant; Andrew Zacks, attorney for permit holder; Pat Buscovich, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(5c) ADOPTION OF FINDINGS:
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Subject property at 1980 Golden Gate Avenueaka 800-808 Lyon Street. Appeal No. 08-052, decided Oct. 15, 2008. At that time, the Board voted 4-1 (Commissioner Peterson dissented) to revoke the subject permit. Permit Holder: Prana Eight Properties LLC. Project: comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; provide fire escape to provide 2nd means of egress; BPA No. 2008/02/05/3995.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Peterson dissented) to adopt the findings as amended.
SPEAKERS: Raquel Fox, attorney for appellants; Andrew Zacks, attorney for permit holder; Pat Buscovich, agent for permit holder; Ryan McCanley, co-appellant.
PUBLIC COMMENT: David Pilpel spoke in favor of the appellant.
(6) APPEAL NO. 08-149
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IMAD BITAR
dba “SMOKE PLUS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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4059 – 18th Street.
Appealing a ten (10) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Sept. 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-114.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the ten (10) day suspension.
SPEAKERS: Lisa O’Malley, DPH; Imad Bitar, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-150
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ELIA KHOURY
dba “CASTRO SMOKE HOUSE”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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409 Castro Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Sept. 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-110.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the suspension to ten (10) day with a finding that the record before the Board warrants a lesser penalty.
SPEAKERS: Lisa O’Malley, DPH; Elia Khoury, appellant.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 08-120
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DEAN & CARMEN CHING
and DEWEY & LAURIE ANN WOO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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(8B) APPEAL NO. 08-123
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FARUQ AHMAD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule both matters to 12/10/08 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-144
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PAULINE CHAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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421 Arguello Blvd.
Protesting the issuance on Aug. 28, 2008, to Amy Lu, Permit to Alter a Building (excavation to add parking garages; revision to approved BPA No. 2005/07/05/6794 for apartment building with ground floor parking).
APPLICATION NO. 2006/10/05/4322S.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-146
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KYLE WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1142 Jackson Street #4.
Protesting the issuance on Aug. 27, 2008, to Kenneth Chang Trustee & Christina Cheng, Permit to Alter a Building (install furnace in unit No. 4; comply with NOV No. 200862153).
APPLICATION NO. 2008/08/01/8249.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to continue the matter to 12/10/08, with the public hearing held and closed, to allow time for the parties to conduct further negotiations.
SPEAKERS: Kyle Wong, appellant; Steven Williams, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(11) APPEAL NO. 08-147
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VIRGINIA AGUILAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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80 Danton Street.
Protesting the issuance on Sept. 8, 2008, to John Alden, Permit to Alter a Building (horizontal addition at rear; adding master bedroom and bath, guest bedroom and bath on 1st floor; living room and deck on 2nd floor; roof deck; new plumbing, electrical and heating ducts).
APPLICATION NO. 2007/12/20/1043.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 2 – 2 – 1 (Commissioner Goh and Commissioner Mandelman dissented and Commissioner Peterson absent) to uphold the permit.
SPEAKERS: Susan Concepcion, daughter of appellant; John Alden, permit holder; Amanda Alden wife of permit holder; Tina Tam, PD.
PUBLIC COMMENT: None.
(12) APPEAL NO. 08-148
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IRIT LEVI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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47 Mirabel Avenue.
Protesting the issuance on Aug. 29, 2008, to Alison Shepard, Permit to Alter a Building (758sf rear yard addition including new family room, bedroom, bath and rear yard deck at mid level; new rec. room, storage and bath at lower level).
APPLICATION NO. 2008/05/19/2378S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to recuse Commissioner Goh from this case.
SPEAKERS: None.
PUBLIC COMMENT: None.
ACTION: Upon motion by President Garcia the Board voted 4 – 0 – 1 (Commissioner Goh, recused) to uphold the permit.
SPEAKERS: Jeremy Paul, agent for appellant; Andre Rothblatt, agent for permit holder; Alison Shepard, permit holder; Tina Tam, PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9:15 pm.
