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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 23, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Commissioner Tanya Peterson, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosh, Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Carla Short, Urban Forrester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist.
ABSENT: Vice President Frank Fung.
(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: Carl Macmurdo.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the July 9, 2008 minutes.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (Vice President Fung absent) to adopt the July 9, 2008 minutes.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 245 Clement Street. Appeal No. 07-196, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to overrule the Notice of Violation with findings and conditions to be adopted at a later date. NOV: regarding an unauthorized independent massage establishment use at the subject property.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Vice President Fung absent) to reschedule the matter to August 6, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 725 Folsom Street. Appeal No. 08-037 & 08-043, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to revoke the subject permit with adoption of findings at a later date. Permit Holder: Culinary Arts Studio. Project: tenancy improvements to establish a production catering kitchen with miscellaneous storage etc… at street level; dining room and café; BPA No. 2007/11/21/8738.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Vice President Fung absent) to reschedule the matter to August 6, 2008, with the consent of both parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-029
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ROBERT MICHAEL FRIEDMAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Feb. 13, 2008, of A-Card (driver permit) No. 041990 and Medallion (taxi permit) No. 865.
RESOLUTION NO. 2008-07.
PUBLIC HEARING HELD & CLOSED ON JUNE 11, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Vice President Fung absent) to uphold the revocation of both the A-Card (driver permit) and medallion (taxi permit).
SPEAKERS: Jordanna Thigpen, TC; Geoffrey Rotwein, attorney for appellant; Jeanne Schlotz, SFPD.
PUBLIC COMMENT: The following people spoke in favor of the Taxi Commission: Charles Rathbone, Mark Gruberg, Barry Taranto, Rua Graffis, and Joan Simon. The following people spoke in favor of the appellant: Sheree Howe, Carl Macmurdo, Susan Fenn, Dan Hinds, and Jane Bolig.
(6) APPEAL NO. 08-065
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REZA GHORBANI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the removal of Reza Ghorbani’s name from the Public Convenience & Necessity Medallion Waiting List.
LIST NO. 6-531.
JURISDICTION GRANTED MAY 7, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 0 – 1 (Vice President Fung absent) to uphold the name removal.
SPEAKERS: Jordanna Thigpen, TC; Reza Ghorbani, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-068
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SARA DURYEA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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3363 Washington Street.
Appealing the denial on May 7, 2008, of Permit to Remove & Replace One (1) Tree.
ORDER NO. 177,535.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 2 – 2 – 1 (Commissioners Goh and Mandelman dissented, Vice President Fung absent) to overrule the denial, grant the permit on condition that the replacement trees be of a 36” box size, with species to be determined by DPW BUF. Four votes being required to overturn or modify a departmental action, the denial was upheld.
SPEAKERS: Carla Short, DPW BUF; Sara Duryea, appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-064
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VERONICA RUEDRICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3467 – 19th Street.
Protesting the issuance on April 25, 2008, to Kaushik Dattani, Permit to Alter a Building (re-texture of walls and ceilings; refinish wood flooring; change windows - two front windows, six side windows, size for size; no work on exterior; NOV No. 200851355.
APPLICATION NO. 2008/04/25/0700.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 0 – 2 (Vice President Fung and Commissioner Mandelman absent) to reschedule the matter to August 6, 2008.
SPEAKERS: Steve Collier, attorney for appellant; Augustine Fallay, agent for permit holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-067
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CLAIRE BIGBIE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Determination Holder: TIM McMANUS
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264 Clipper Street.
Appealing a Letter of Determination dated May 2, 2008, regarding construction of a permanent skateboard ramp structure within the required rear yard of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 4 – 0 – 1 (Vice President Fung absent) to uphold the Letter of Determination.
SPEAKERS: Appellant did not appear. Determination Holder was present in the audience.
PUBLIC COMMENT: None.
(10) SPECIAL ITEM:
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LARGE TOURIST HOTEL CONVERSIONS. APPEAL PROCEDURES. Discussion and possible action to establish appeal procedures related to the following orders, requirements, decisions, or determinations made by the Zoning Administrator:
(a) Administrative Bulletin 2008-01 and subsequent corrections, rescissions, etc:
- Administrative Bulletin 2008-01;
- July 3, 2008 Correction to Bulletin 2008-01;
- July 14, 2008 Memo to the Board of Appeals (as it relates to Bulletin 2008-01);
- July 14, 2008 Correction Memo #2; and
- July 14, 2008 Draft Revision to Bulletin 2008-1
(b) Letter of Determination determining queue for processing and subsequent corrections, rescissions, etc:
- May 23, 2008 Letter of Determination determining queue for processing;
- July 14, 2008 Memo to the Board of Appeals (as it relates to the Letter of Determination); and
- July 14, 2008 Draft Revision to Attachment A of March (sic) 23, 2008 Letter of Determination
The Actions to be considered are as follows:
(1) To direct staff to accept appeals related to orders, requirements, decisions, or determinations listed under Items (a) and (b) for 15 additional days, which is August 7, 2008;
(2) To direct staff to impose one appeal fee per party for appeals of orders, requirements, decisions, or determinations listed under Item (a) and one appeal fee per party for appeals of orders, requirements, decisions, or determinations listed under Item (b);
(3) To consolidate all appeals for orders, requirements, decisions, or determinations listed under Items (a) and (b) and schedule the hearing for consolidated appeal for Oct. 1, 2008; and
(4) To set a briefing schedule for the Oct. 1, 2008 hearing as follows:
APPELLANTS' briefs due Sept. 4, 2008,
RESPONDENT/OTHER PARTIES' briefs due Sept. 18, 2008,
APPELLANTS' REPLY briefs due Sept. 25, 2008.
Note: The Board may take action to adopt some or all of the appeal procedures described above or may modify some or all of them.
Explanatory Documents: Documents listed under Items (a) and (b) are posted at the Planning Department website at: www.sfgov.org?site/planning_index.asp?id=81515
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ACTION: Upon motion by President Garcia, the Board voted 3 – 0 – 2 (Vice President Fung and Commissioner Mandelman absent) to adopt the OCA proposal.
SPEAKERS: Cathy Barnes, OCA.
PUBLIC COMMENT: Sue Hestor, attorney for UNITE Local 2; Steven Vettel, attorney for Grand Hyatt Hotel; Michael Burke, attorney for St. Francis Hotel; Anne Marie Rodgers, PD.
There being no further business, President Garcia adjourned the meeting at 7:20 p.m.
