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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 14, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 3412 – 22nd Street aka 994 Guerrero Street. Appeal No(s). 05-111, Reed vs. DBI, decided September 21, 2005. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the suspension of the subject permit, with a finding that the medical cannabis use is not suitable for this location, on condition that the dispensary relocate as soon as legally possible and in anyway within 6 months, on condition that the Zoning Administrator’s conditions (dated Sept. 15, 2005) be implemented, and with a further finding that there is no intention to infer inappropriate business practices or anything that would negatively impact the appellant’s right to obtain necessary permits under new legislation for medical dispensaries (BOS File No. 051-250).
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to adopt the findings as amended.
SPEAKERS: Catharine Barnes, OCA; Joe Elford, attorney for appellant; David Diepenbrock, attorney for neighbors.
(4) APPEAL NO. 05-197
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KEVIN REED dba “GREEN CROSS”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3400-3420 – 22nd Street
aka 994-998 Guerrreo Street.
Appealing a Permit Revocation Request, addressed to Dept. of Building Inspection Director Amy Lee, asking that Building Permit Application No(s). 2004/08/26/2632 (which authorizes the operation of a medical cannabis dispensary) be revoked.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to uphold the revocation and adopt the findings as amended.
SPEAKERS: Catharine Barnes, OCA; Joe Elford, attorney for appellant; David Diepenbrock, attorney for neighbors; Robyn Few, Michael Aldrich, Elizabeth Bell, Shona Gochenaur, Matthew Pruitt, and Lisa Inhoff, for appellant; Andrew Segal, Charles Moser, Shawna Wolverton, Melva Pante, Blair Moser, and Veronica Gaynor, for Zoning Administrator.
(5) ADDENDUM ITEMS CONTINUED:
(5b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3931 Geary Boulevard. Permit revoked by DPW Bureau of Street Use & Mapping on October 26, 2005. Last day to appeal was November 10, 2005. Jurisdiction request received on November 28, 2005. Letter from Theodoras Koliatisis dba “4th & Geary Farmers Market”, requestor(s), asking that the Board take jurisdiction over the revocation of a merchandise display permit (DPW Order No. 175,688; Permit No. 05D-0001).
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to continue the matter to January 11, 2006, with the public hearing closed.
SPEAKERS: Yannoula Koliatsis, agent for requestor; John Kwong, DPW BSM; Lawrence Badiner, ZA.
(5c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Taxi permit (A-card) No. 068767. Permit revoked by Taxi Commission for non-payment of fees on October 4, 2005. Last day to appeal was October 19, 2005. Letter from Tara Housman, requestor(s), asking that the Board take jurisdiction over the Taxi Commission’s revocation of the afore-mentioned taxi permit.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to grant the jurisdiction request.
SPEAKERS: Tara Housman, requestor; Heidi Machen, TC; Carl Macmurdo, for requestor.
(6) APPEAL NO. 05-179
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HAYWARD WONG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension (and possible subsequent revocation) on October 12, 2005, of taxi medallion no. 436.
RESOLUTION NO. 2005-64.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the suspension.
SPEAKERS: Heidi Machen, TC; Sgt. Vince Simpson, SFPD; Nathan Dwiri, agent for appellant; Charles Rathbone, Carl Macmurdo, and Robert Cesana, for appellant; Mark Gruberg, for TC.
(7) APPEAL NO. 05-080
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CATHERINE SMITH
dba “MEDICAL CANNABIS
DISPENSARY”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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223 – 9th Street.
Appealing a determination dated April 15, 2005, addressed to Cathy Smith, that Planning Code § 816.21 requires Conditional Use (CU) authorization for the operation of a medical cannabis dispensary in the South of Market SLR (Service-Light Industrial-Residential) zoning district.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(8) APPEAL NO. 05-176
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MARI KAWAGUCHI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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378 Sussex Street.
Protesting the issuance on October 12, 2005, to Andre & Katherine Yousefi, Permit to Alter a Building (on single-family house: 2-story, 555sf rear addition).
APPLICATION NO. 2005/04/05/9211.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit.
SPEAKERS: Mari Kawaguchi, appellant; Katherine Yousefi, co-permit holder; Zorana Bosnic, for permit holders; Namie Hiraoka, for appellant; Lawrence Badiner, ZA; A. Thomas Carson, agent for permit holders.
(9) APPEAL NO. 05-178
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A.T. HOGAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2170 Pacific Avenue.
Protesting the issuance on October 17, 2005, to Barbara Nash, Permit to Alter a Building (on 4-unit condominium building: construct extension to existing deck in rear yard; install a 1 hour fire separation wall along property line).
APPLICATION NO. 2005/10/17/5744.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit on condition that revised plans be submitted showing the proper deck height.
SPEAKERS: Tina Hogan, appellant; Barbara Nash, permit holder; Leo McFadden, DBI.
(10) APPEAL NO. 05-180
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GEORGE HAUSER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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30 Dore Street.
Appealing the denial on October 21, 2005, of Permit to Alter a Building (on 42-unit residential building: application to amend site permit no. 2004/08/26/2687S; convert transformer room into SRO unit, thereby adding 1 residential unit; the total residential unit count will be 43 units; the transformer will be relocated to an exterior underground vault located on the property).
APPLICATION NO. 2005/07/08/7099.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-1 (Commissioner Garcia dissented) to uphold the denial.
SPEAKERS: Lawrence Badiner, ZA; John Kwong, DPW BSM; David Cincotta, attorney for appellant; George Hauser, appellant.
(11) APPEAL NO. 05-181
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CITIZENS FOR EQUAL
TREATMENT IN THE
PERMIT PROCESS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1634-1636 Waller Street.
Protesting the issuance on October 13, 2005, Eun Young & Seil James Lee, Permit to Alter a Building (on 2-unit building: add dormers on existing 4th floor family room and rear bedroom; add new bathroom, new skylights and miscellaneous interior remodeling; all work to be done on 4th floor only; dormers to comply with Zoning Administrator bulletin dated June 1, 1996).
APPLICATION NO. 2005/10/06/4992.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse Commissioner Knox; afterwards, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Knox recused) to uphold the subject permit with the following findings: a) that no false information was given in order to obtain the permit; and b) that no testimony was offered that there are any Code violations.
SPEAKERS: Leo McFadden, DBI; Andrew Zacks, attorney for appellant; G. Scott Emblidge, attorney for permit holders; William Shock, agent for DBI; Lawrence Badiner, ZA; Joe O’Donoghue, and Roy Guinnane, for appellant; Mata Swenson, Raquel Fox, Henry Karnilowicz, Stephen Wynne, Anthony Dumont, Craig Greenwood, and Kenneth Harrington, for permit holders.
There being no further business, President Sugaya adjourned the meeting at 10:35 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – DECEMBER 14, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3a & 4) PUBLIC COMMENT: Robyn Few said as a patient of this use she wants it to stay near her in the neighborhood.
Michael Aldrich said it will be very difficult to find a new site and he asks for more time for use where it is.
Elizabeth Bell said as a patient she wants Green Cross to stay where it is.
Shone Gochenaro said as a patient advocate she feels it is problematical the appellant can find a new location and she asks for more time so they can keep looking.
Matthew Pruitt asks for more time to seek new site.
Lisa Inhoff said use in no problem to her next door. They are no problems with these good people.
Andrew Segal opposes more time because Green Cross hasn’t met the conditions imposed by the Board, especially the security ones.
Charles Moser opposes more time because they haven’t yet submitted a traffic plan nor have they designated a liaison for neighbors to call when there are complaints.
Shawna Wolverton read into the record reports of unpleasant incidents from neighbors.
Melva Pante saw people allowed into the shop without showing I.D.
Blair Moser said the guards can’t control traffic, especially during rush hour. They didn’t hire professional security like off-duty police.
(5a) PUBLIC COMMENT: None.
(5b) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: Charles Rathbone concerned about embarrassing medical conditions that may be discussed in open hearings which are personal details.
Carl Macmurdo cited appellate decisions making it clear that medallions are business licenses and not work permits and asked Board to screen out cases when permit held for many years with no problems.
Robert Cesana said the doctor says don’t drive with cataracts.
Mark Gruberg said appellant wants dispensation from driving requirement because he needs cataract surgery but refuses to have surgery done, so it’s clear he doesn’t want to drive a cab anymore.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: Zorana Bosnic said the permit holder was forth coming, plans are appropriate and within the codes, it is a modest house and appeal troubles her.
Namie Hiraoka said on her day off she was disturbed by loud machine noise. Block has strong mid-block open space and this building will stick out, a solution would be to go deeper.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: Joe O’Donoghue said there were only two floors of occupancy and fourth floor was unoccupied, now they should have to sprinkler all floors.
Roy Guinnane made a site visit and saw no occupancy on the ground level while the upper flat was vacant, but he didn’t look at the top floor attic.
Mata Swenson lived in the top floor in 1998 and 1999.
Raquel Fox said it is unusual to see counsel for appellants here since he usually speaks for property owners under the Ellis Act.
Henry Karnilowicz explained this over-the-counter permit process and said there is always many discrepancies in permit histories and Sanborn maps are good source of data.
Stephen Wynne said he was before the Board and the present case is an entirely different then his.
Anthony Dumont said his permit was revoked and the revocation was upheld by the Board. It was a case substantially different since it involved significant addition of floor and square footage.
Craig Greenwood’s building is much like the permit holders’ and so old the City has no plans on file that can determine its legal use and occupied floors.
Kenneth Harrington was hearing officer for DBI in 155 Westwood case and that case has no similarity with the present case.
