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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, OCT. 15, 2008

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

(1) PUBLIC COMMENT:

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.

(2) COMMMISSIONERS COMMENTS & QUESTIONS:

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the October 1, 2008 minutes.

(4) ADDENDUM ITEMS:

(4a) ADOPTION OF FINDINGS:

Subject property at 442 Haight Street. Appeal No. 08-104, Selby vs. DBI, PDA, decided Oct. 1, 2008. At that time, upon motion by Vice President Fung, 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.

(5) APPEAL NO. 08-114

RASHAD SGHAYER

dba "FRED’S LIQUOR", Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

300 Mason Street.

Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 10, 2008. Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-08-077.

FOR HEARING TODAY.

(6) APPEAL NO. 08-116

DANILO HERRERA dba

"CITY SMOKE SHOP & MORE", Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

644 Polk Street.

Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 10, 2008. Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-08-078.

FOR HEARING TODAY.

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A) APPEAL NO. 08-051

TENANTS AT 800-808 LYON ST.

& 1960-1980 GOLDEN GATE AVE., Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1960 Golden Gate Avenue.

Protesting the issuance on April 3, 2008, to James Ulahue, Permit to Alter a Building (remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995).

APPLICATION NO. 2008/01/28/3333.

FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.

(7B) APPEAL NO. 08-052

TENANTS AT 800-808 LYON ST.

& 1960-1980 GOLDEN GATE AVE., Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1980 Golden Gate Avenue

aka 800-808 Lyon Street.

Protesting the issuance on April 3, 2008, to Prana Eight Properties LLC, Permit to Alter a Building (comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2^{nd means of egress; new window; remove deck with invalid easement over adjacent property [separate permit]; provide fire escape to provide 2nd means of egress).}

^{APPLICATION NO. 2008/02/05/3995.}

^{FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.}

^{(8) APPEAL NO. 08-062}

^{HEAVEN MINI THEATER, Appellant(s)}

^vs.

^{ZONING ADMINISTRATOR, Respondent}

^{483 Broadway aka 1054 Kearny Street.}

^{Appealing a Notice of Violation dated April 14, 2008, regarding the establishment of a non-authorized adult entertainment use at the second story of the subject property.}

^{FOR REHEARING TODAY. Note: On July 16, 2008, the Board voted 5-0 to uphold the subject Notice of Violation. On Aug. 13, 2008, the Board voted 4-0 to grant the appellant’s rehearing request, and to set the rehearing for Oct. 15, 2008.}

^{(9) APPEAL NO. 08-100}

^{WELL-CARE ACUPUNCTURE}

^{& HEALTH CENTER INC.,, Appellant(s)}

^vs.

^{ZONING ADMINISTRATOR, Respondent}

^{4726 Geary Boulevard.}

^{Appealing a Notice of Violation dated March 19, 2008, regarding the operation of an unauthorized massage establishment at the subject property.}

^{JURISDICTION GRANTED JUNE 4, 2008.}

^{FOR HEARING TODAY.}

^{(10) APPEAL NO. 08-117}

^{PAUL TERGIS, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION, Respondent}

^{PLANNING DEPT. APPROVAL}

^{76 Laidley Street.}

^{Protesting the issuance on July 10, 2008, to Joe Acayan, Permit to Erect a Building (two-story accessory building with pool house and home office, with 395.5sf of ground floor area).}

^{APPLICATION NO. 2006/10/10/4591.}

^{FOR HEARING TODAY.}

^{(11) APPEAL NO. 08-118}

^{AUGUSTINE FALLAY, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION, Respondent}

^{PLANNING DEPT. APPROVAL}

^{1754 Mission Street.}

^{Protesting the issuance on July 10, 2008, to Albert Joshua, Permit to Alter a Building (renew BPA Nos. 2005/02/22/5889 and 2006/12/04/9112 for final inspection).}

^{APPLICATION NO. 2008/07/10/6408.}

^{FOR HEARING TODAY.}

^{ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER}:

(12A) APPEAL NO. 08-120

^{DEAN & CARMEN CHING}

^{and DEWEY & LAURIE ANN WOO, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION, Respondent}

^{PLANNING DEPT. APPROVAL}

^{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.}

^{(12B) APPEAL NO. 08-123}

^{FARUQ AHMAD, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION, Respondent}

^{PLANNING DEPT. APPROVAL}

^{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.}

^{(13) SPECIAL ITEM:}

^{Informational presentation by the Planning Department.}

^ADJOURNMENT.

^{Note A:} 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 public inspection at the Board's office during normal office hours (Mon. – Fri., 8am – 12pm & 1pm – 5pm, 1650 Mission Street, Room 304).

Note B: If any materials related to an item on this agenda have been distributed to the Board members after distribution of the agenda packet, those materials are available for public inspection at the Board’s office during normal office hours (Mon. – Fri., 8am – 12pm & 1pm – 5pm, 1650 Mission Street, Room 304).

Please call 415-575-6880 if you have any questions concerning this agenda.

Date posted: October 10, 2008

^{MEMBERS OF THE BOARD OF APPEALS}

^{MICHAEL GARCIA}	^PRESIDENT
^{FRANK FUNG}	^{VICE PRESIDENT}
^{TANYA PETERSON}	^COMMISSIONER
^{KENDALL GOH}	^COMMISSIONER
^{RAFAEL MANDELMAN}	^COMMISSIONER

^{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

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

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 the day of 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 Board staff at 575-6880 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: Frank Darby by mail to 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 Mr. Darby 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 Board staff, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the Board office, and on the Board’s web site.}

^{AUIDOTAPES AND DVD’S OF MEETINGS}

^{Audiotapes of meetings may be obtained from the Board office. Please telephone 415-575-6880 for information.}

^{DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information.}

^{BOARD OF APPEALS}

^{CITY & COUNTY OF SAN FRANCISCO}

^{1650 Mission Street, Room 304}

^{San Francisco, California 94103}

Meeting Information