Meeting Information

PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Allam El Qadah, and Commissioner John McInerney.

Judith Boyajian, Deputy City Attorney, Office of the City Attorney (DCA, OCA); Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Robert Feldman, Executive Secretary for the Board.

ABSENT: Commissioner Carole Cullum.

Discussion of present Rules of Board regarding briefing schedule, exhibits/attachments to submittals and related matters for consideration of calendaring for amendment at a future meeting.

SPEAKERS: None.

ITEM A: 1111-1113 Green Street. Letter from George Hoffberg, Determination Holder, requesting rehearing of Appeal 01-130, Tudor Hill vs. ZA, heard October 24, 2001. Upon motion by President Chin, the Board voted 4-1 (Commissioner McInerney dissented) to OVERRULE the subject determination that the proposal to convert a storage room on lowest level to bedroom use connected to unit above is permitted. Appellant: Tudor Hill Tenants Association.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-0-1(Commissioner Cullum absent) to deny the request for rehearing.

SPEAKERS: George Hoffberg, requestor and owner, said he doesn’t know who the Tudor Hill Tenants are and asked the Board to allow him another hearing because he needs the subject space for tenant storage and there is no eviction involved with the appeal. Larry Badiner, ZA, said that he opposed the granting of a rehearing since no new evidence is proposed so it is not justified. Paul Carlstrom of the Tudor Hill Tenants said he supports the ZA and agreed that no new evidence is being offered that would support the granting of a rehearing.

ITEM B: Letter from Raymundo Medrano, Jr., requesting that the Board take jurisdiction over the Police Dept. revocation of tow truck driver permit no. 1240.

ACTION: Upon motion by president Chin, the Board voted 4-0-1(Commissioner Cullum absent) to grant the request for jurisdiction.

SPEAKERS: Requestor was present but did not speak. No appearance by department.

ITEM C: Letter from Domingo Falho, requesting that the Board take jurisdiction over the Taxi Commission revocation of driver of public passenger vehicle permit no. 51864.

ACTION: Upon motion by president Chin, the Board voted 4-0-1(Commissioner Cullum absent) to grant the request for jurisdiction.

SPEAKERS: Requestor was present but did not speak. No appearance by department.

ITEM D: 1432-1434 Kearny Street. Letter from Steve Atkinson, attorney for permit holders Nan & Nathan Roth, requesting rehearing of Appeal Nos. 00-258/259/260/261, Cooper & Kirkham vs. DBI, PDA & Kuhn vs. DBI, PDA, heard August 22, 2001. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to REVOKE both permits. Appellants: Josef Cooper, Tracy Kirkham, and Alan Kuhn. Project: To demolish a garage, and construct a three-story two-family dwelling.

ACTION: This matter was rescheduled to December 12, 2001 at the hearing with the consent of all parties, who were not present.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-0-1(Commissioner Cullum absent) to reschedule the matters to Dec. 12, 2001.

SPEAKERS: None

ACTION: This matter was withdrawn prior to hearing.

ACTION: Upon motion by President Chin, the Board voted 4-0-1(Commissioner Cullum absent) to reschedule the matter to January 30, 2001.

SPEAKERS: Paul Zarefsky, Deputy City Attorney representing the Taxi Commission, said that he opposes a rescheduling of the appeal because the revocation is stayed and the appellant represents a serious safety issue if he continues to drive. He asked the Board to reschedule to the earliest possible day if it must be rescheduled. Judith Boyajian, Deputy City Attorney, said that the missing Commissioner could not participate in the hearing from her home by speakerphone. It would violate the Brown Act. John Prentice, attorney for the appellant, asked that the appeal hearing be rescheduled to a day when all five Commissioners are seated. Dr. Norman Shapiro speaking on behalf of the appellant said that the appellant does not constitute a danger to public safety and is capable of driving a cab.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1(Commissioner Cullum absent) to overrule the Planning Commission and grant the subject permit.

SPEAKERS: Larry Badiner, ZA, said that it has been the Planning Commission’s policy for about one year to consider five criteria in cases of dwelling unit mergers, with many hearings on this issue. It is concerned about mergers because they may affect the supply of rental housing in the City. Also the density of surrounding properties is a criterion, as well as design deficiencies and landmark issues. It is necessary to preserve the historical character of residential areas such as Cow Hollow. Another criterion is whether the proposed merger is to allow owner occupancy. Here there is no displacement and this is by no means affordable housing, the loss of high-end apartments may affect the overall housing stock including moderate and low income. Andrew Zacks, attorney for the appellants, said he is gratified that the Board seems to be aware of the issues here presented. He said this merger is to create family housing for the appellants, a young growing family who bought the building before the Commission’s merger policies were adopted. At that time the vacancy rate in the City was very low but now times have changed and the vacancy rate is rising. Barbara Anderson, co-appellant, said that her family now occupies the upper unit and doesn’t rent the lower unit.

NO PUBLIC COMMENT FOR EITHER SIDE; though three people in the audience raised their hands when Board asked who were there for the appellants.

ACTION: Upon motion by President Chin, the Board voted 4-0-1(Commissioner Cullum absent) to overrule the subject determination and to allow for approval of the proposal.

SPEAKERS: Larry Badiner, ZA, described the project and how it fails to meet Planning Code standards regarding the expansion of non-conforming structures. Bill Mayer, architect for the appellant explained the project on the 17^th floor of the apartment house and how the client has the approval of the condo homeowners association if he can obtain a permit from the City. He said the project is de minimus and will have no effect on any other occupant of the building as the space created will be for the exclusive use of his client and that no open space will be blocked.

NO PUBLIC COMMENT FOR EITHER SIDE.

ACTION: Upon motion by President Chin, the Board voted 4-0-1(Commissioner Cullum absent) to overrule the Planning Commission and grant the permit based on revised plans as mentioned during the hearing.

SPEAKERS: Larry Badiner, ZA, said that the project has been substantially modified since the D.R. hearing and now the project will result in the elimination of only one unit, and the two remaining units will be more livable, which is much different from what the Planning Commission saw. He said the architect has been cooperative and skillful and the proposal now meets two of the criteria needed for a merger to be granted. David Cincotta, attorney for the appellants, briefly explained the project and how it meets several of the Commission’s criteria and is necessary for his clients’ family needs, and the three units were never legal. John Peterson, architect for the appellants offered to answer design questions for the Commissioners.

NO PUBLIC COMMENT FOR EITHER SIDE.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1(Commissioner Cullum absent) to recuse Commissioner McInerney. Afterwards, upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum absent, Commissioner McInerney recused) to reschedule the matter to Dec. 12, 2001.

SPEAKERS: Larry Badiner, ZA, said he agreed to a rescheduling of the hearing since a conditional use application which appears to need more information before it may be deemed perfected won’t be scheduled before the Planning Commission for several months. David Silverman, representing the appellant, asked for a brief delay and understood that there is only a four member Board on December 5^th and December 12^th would be okay. Approximately thirty people raised their hands when President Chin asked how many in the audience support the Zoning Administrator. Gen Fujioka, of the Asian Law Caucus representing those in support of the ZA, said he agreed to a rescheduling to December 12, 2001 and his clients are prepared to attend the hearing on the new date.

NO PUBLIC COMMENT FOR EITHER SIDE.