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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 15, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Hisashi Sugaya.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); 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: Sharyn Loeb; Kevin Reed.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) PROPOSED DEPARTMENTAL BUDGET, FY 2006-2007:
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For public hearing, discussion, and adoption.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to reschedule the matter to March 22, 2006.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 60 Clarendon Avenue. Letter from Eric McFarland, attorney for Gaetano Zanelli, appellant, requesting rehearing of Appeal No. 06-002, Zanelli vs. DBI, PDA, decided February 15, 2006. At that time, upon motion by Commissioner Sugaya, the Board voted 5-0 to uphold the permit. Permit Holder: Tom McGrath. Project: erect a 4-story single-family house, BPA No. 2004/04/22/2053S.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the request for rehearing.
SPEAKERS: None. Appellant and permit holder did not appear.
(5) 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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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to uphold the notice of decision.
SPEAKERS: Heidi Machen, Taxi Commission; Sgt. Vince Simpson, SFPD; Roger Cardenas, agent for appellant; Mark Gruberg, and Marshall Childs, for Taxi Commission.
(6) APPEAL NO. 05-196
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CHEUK YEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: DAVID & LORRAINE BLEIMAN
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231 Ortega Street.
Appealing the denial on November 29, 2005, of Site Permit to Alter a Building (on single-family house: construct 3-story addition to rear of existing 2-story building).
APPLICATION NO. 2004/10/05/6033S.
PUBLIC HEARING HELD AND CLOSED ON JANUARY 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to submit revised plans pursuant to the Board’s comments.
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ACTION: Rescheduled to March 29, 2006 prior to hearing.
SPEAKERS: None.
(7) APPEAL NO. 05-210
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UNITED TAXICAB WORKERS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
Real Party in Interest: VETERANS CAB CO.
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Appealing a 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.
JURISDICTION GRANTED DEC. 7, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Knox and Commissioner Sugaya dissented) to uphold the settlement.
SPEAKERS: Tom Owen, Taxi Commission; Mark Gruberg, agent for appellant; Wayne Canterbury, attorney for Veterans Cab Co.; Brad Newsham, Francis Menconeri, Marshall Childs, Barry Korengold, David Barlow, Emile Lawrence, Rua Graffis, and Barry Taranto, for Taxi Commission; Doug Engmann, Dan Hinds, and Michael Spain, for Taxi Commission.
(8) APPEAL NO. 05-213
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HOWARD HSU dba
“HOLLYWOOD BILLIARDS / CLUB Q”, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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1028 Market St. / 61 Golden Gate Ave.
Appealing the denial on December 13, 2005, of Place of Entertainment Permit, Extended-Hours Premises Permit and Billiards Permit.
APPLICATION NO. EC-705.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to May 3, 2006 at the written request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 06-010
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LOIS KIM
dba “3rd AVENUE FOOD MART”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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4101 California Street.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on January 12, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-002.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to uphold the 10-day suspension.
SPEAKERS: Cecilia Mangoba, attorney for DPH; Robert Ziegler, SFPD; Lois Kim, appellant; Howard Hau, for appellant.
(10) APPEAL NO. 06-011
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WAY CHIN
dba “ARCO-GENEVA GAS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1200 Geneva Avenue.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on January 12, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-003.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to recuse Vice President Knox; afterwards, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Knox recused) to uphold the 10-day suspension.
SPEAKERS: Cecilia Mangoba, attorney for DPH; Robert Ziegler, SFPD; Amy Hom, agent for appellant.
(11) APPEAL NO. 06-012
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MONICA MA & KWAI NG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1450 – 24th Avenue.
Protesting the issuance on January 13, 2006, to Hoc & Marian Cua, Permit to Alter a Building (remodel single-family house into a 6-bed residential care home).
APPLICATION NO. 2005/09/26/3858.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Monica Ma, co-appellant; Marian Cua, permit holder; Sandra Cirie, Gerard Ehrmann, Ana Ma, Lydia Lee, Sandra Yee, Janet Ng, Willie Ng, Jian You Chen, Jie-Man Lin, Nick Footracer, Jacob Johnson, Suzi Kwar, for appellants; Jonas Ionin, PD; Kwai Ng, co-appellant; Caroline Cua, daughter of permit holder.
(12) APPEAL NO. 06-013
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ANN GARCIA & DAVID GARCIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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189 Lower Terrace.
Protesting the issuance on January 12, 2006, to Isam Dughman, Permit to Alter a Building (on 2-unit building: property line windows; request for approval of local equivalency; to comply with NOV No. 200665980).
APPLICATION NO. 2006/01/12/2036.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Ann Garcia, co-appellant; David Garcia, co-appellant; Ahmad Larizadeh, agent for permit holder; Leo McFadden, DBI.
(13) APPEAL NO. 06-014
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MALANA MOBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on January 5, 2006, to North Point Holdings LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/24/3844.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to reschedule the matter to Call of Chair pending the resolution of the CEQA appeal at the Board of Supervisors.
SPEAKERS: David Cincotta, attorney for permit holder.
(14) APPEAL NO. 06-015
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SUNRISE SENIOR DEVELOPMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2420 Sutter Street.
Appealing a determination dated January 6, 2006, addressed to Steven Vettel at Morrison & Foerster LLP, that the proposed dementia special care facility is a residential care facility, and a housing project subject to the inclusionary housing requirements of Planning Code § 315.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to continue the matter to June 7, 2006, with the public hearing closed.
SPEAKERS: Jonas Ionin, PD; Steven Vettel, attorney for appellant; Allen Jergesen, attorney for appellant; Daniel Zemanek, agent for appellant,
There being no further business, President Fung adjourned the meeting at 11:12 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – MARCH 15, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: Kevin Reed of Green Cross explained his problem in meeting the new cannabis dispensary ordinance.
Sharyn Loeb described her on-going battle with DBI.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: Mark Gruberg of UTW supported Taxi Commission and said waybill violations are serious since they are the only way to tell if permit holder has complied with regulations. The other issue is covering drivers with workers compensation policy which hasn’t been done.
Marshall Childs said he supported Commission for same reasons as previous speaker.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: Brad Newsham said appeal is unfair to drivers on list who have waited as long as 12 years for a permit.
Barry Korengold on list since 1992 and he follows all rules and wants his own permit.
Francis Menconeri on list since 1995 and overruling agreement would be unfair to drivers.
David Barlow said the point of prop K was to return medallions to City so it can be issued to drivers.
Rua Graffis said the issue has languished 40 years. Drivers are dead by time their name comes up on list.
Emile Lawrence on list since 1998 and he has gone from 1400 to 700 in decade.
Barry Taranto is not a part to any of this but feels Commission is right.
Doug Engmann said that his employee is a shareholder and the Commission’s action based on sound public policy and in the public interest.
Michael Spain is for settlement between Commission and Veterans.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: Sandra Cirie opposes the proposed use because of the number of them already in the neighborhood.
Gerard Ehrmann said parking will be a problem because of cars of staff and emergency vehicles.
Ana Ma has seen other facilities and they are bad for area.
Lydia Lee objects to parking impact.
Sandra Yee opposes because there are ten such homes in the Sunset already.
Janet Ng said windows will be too close to next door house. Building Code and ADA regulations are not met.
Willie Ng will change character of neighborhood in violation of Section 101.1 of Planning Code.
Jian Yue Chen (Translator Dorothy Wong) said 12 houses like this already nearby and these facilities only for wealthy people, every expensive. These are businesses for profit.
Jacob Johnson M.D. raised his children near Kirkham and Judah and this use will change and disrupt residential character because this is a business.
Nike Footracer said that this is residential district and City is not friendly to families. Nature of community is gone from this block.
Suzi Kwan said that this is residential not business area and this will be bad for families.
(12) PUBLIC COMMENT: None.
(13) PUBLIC COMMENT: None.
(14) PUBLIC COMMENT: None.
