May 30, 2012 | Board of Appeals

Board of Appeals - May 30, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, MAY 30, 2012

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

PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Clinton Choy, Department of Public Works Bureau of Street-Use and Mapping (DPW BSM); Terrence Hong, Environmental Health Regulatory Programs, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

(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.

SPEAKERS: None.

(2) ELECTION OF OFFICERS:

ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-0 to elevate Vice President Hwang to the office of President. Upon further motion by President Hwang, the Board voted 4-0 to elevate Commissioner Fung to the office of Vice President.

SPEAKERS: None.

PUBLIC COMMENT: None.

(3) COMMISSIONER COMMENTS & QUESTIONS:

SPEAKERS: None.

(4) ADOPTION OF MINUTES:

Discussion and possible adoption of the May 16, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the May 16, 2012 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(5) ADDENDUM ITEMS:

(5a) JURISDICTION REQUESTS:

Multiple Locations. Letter from Peter Ryan, attorney for North Waterfront Restaurant Group, requestor, asking that the Board take jurisdiction over Mobile Food Facility Permit Nos. 11MFF-0021 & 12MFF-0035; permits were issued by the Dept. of Public Works Bureau of Street-Use & Mapping on Feb. 21, 2012, and March 08, 2012, respectively; the appeal periods ended on March 07, 2012 and March 23, 2012, respectively. Permit Holder: Off the Grid Services LLC. Project, both permits: sale of everything except for hot dogs.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to recuse Commissioner Hillis because he is the Executive Director of the nonprofit organization where the permit holder leases office space. Upon further motion by Commissioner Hurtado, the Board voted 3-1 (Commissioner Hillis recused) to grant both jurisdiction requests based on the City’s failure to issue the notice required under Public Works Code Section 184.88 to Grumpy’s American Pub, a business located within 300 feet of the proposed food truck location.

SPEAKERS: Peter Ryan, attorney for requestor; Brett Gladstone, attorney for permit holder; Matt Cohen, agent for permit holder; Clinton Choy, DPW BSM.

PUBLIC COMMENT: Chris O’Dea spoke in support of the permit holder.

(5b) REHEARING REQUEST:

Subject property at 646 Washington Street. Letter from Guo Sheng Lei dba “Louie’s California Chinese Cuisine”, appellant, requesting rehearing of Appeal No. 12-039, decided April 25, 2012. At that time, the Board voted 4-0 to uphold the revocation of the subject Permit to Operate on the basis stated in the DPH Order.

ACTION: Upon motion by Vice President Fung, the Board voted 2-2 (Commissioners Hillis and Hurtado dissented) to grant the request based on the condition that a new DPH inspection take place prior to the rehearing. Lacking the three votes needed to pass, the motion failed. Upon further motion by Vice President Fung, the Board voted 2-2 (Commissioners Hillis and Hurtado dissented) to continue the matter until June 20, 2012 to allow time for DPH to inspect the restaurant. Lacking the three votes needed to pass, the motion failed. With no other motion made, the rehearing request was denied by operation of law.

SPEAKERS: Joseph Breall, attorney for requestor; Guo Sheng Lei, requestor (through an interpreter); Terrence Hong, DPH.

PUBLIC COMMENT: Pius Lee, Lotus Yee Fong, Ann Yuey, Ling-Chi Wang, Richard Ow, Wilma Pang, Lawrence Liu and Stefano Casolatto spoke in support of the requestor.

(6) APPEAL NO. 12-048

FRANCO LUCCHESI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

599 Athens Street.

Appealing the denial on April 10, 2012, of Permit to Alter a Building (correct the record to show two units residential and one commercial as legal authorized use; no new work proposed).

APPLICATION NO. 2012/04/10/8048.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to grant the appeal, overturn the department and issue the permit on the basis that the 1952 building permit shows the legalization of the second residential unit.

SPEAKERS: Jeremy Paul, agent for appellant; Scott Sanchez, ZA; Joseph Duffy, DBI.

PUBLIC COMMENT: None.

(7) APPEAL NO. 12-046

GIGI GOZZER, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

537 Natoma Street.

Protesting the issuance on March 21, 2012, to AEC EAT Limited, Permit to Erect a Building (4-story, 13-unit residential building with 5,425sf of ground floor area).

APPLICATION NO. 2005/09/01/1813S.

FOR HEARING TODAY.

WITHDRAWN PRIOR TO HEARING.

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 7:45 p.m.