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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 20, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(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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(2) COMMISSIONER COMMENTS & QUESTIONS
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the May 13, 2009 minutes.
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(4) ADDENDUM ITEMS:
(4a) REHEARING REQUESTS:
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Subject property at 1450 Franklin Street and 1581 Bush Street. Letter from Jack Gold and Charles Olson, agents for appellant, San Francisco Architectural Heritage (SFAH), requesting rehearing of Appeal Nos. 08-188/189, SFAH vs. DBI, RAA. On Feb. 18, 2009, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on condition that there be ten (10) affordable units. Four votes being required under the City Charter to impose conditions on a departmental action, the permits were upheld with no conditions and with adoption of findings at a later time. Subsequently, on April 15, 2009, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to adopt the revised findings. Permit Holder: Pacific Heights Franklin Partners LLC. Project: demolish a two-story auto sales/service building with 12,000sf of ground floor area (BPA No. 2008/09/25/2656), and construct a 13-story, 69-unit residential/commercial building with 12,000sf of ground floor area (BPA No. 2008/09/25/2660S).
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(5) APPEAL NO. 09-028
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SILVER ARCO, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2190 Carroll Avenue.
Appealing a fifty (50) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 11, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-024.
FOR HEARING TODAY.
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(5a) CLOSED SESSION (anticipated to last no more than 10 minutes):
SILVER ARCO vs. DEPT. OF PUBLIC HEALTH
Open Session:
Public Comment (on all matters pertaining to the closed session item)
- i) Vote on whether to hold closed session pursuant to due process requirements of state and federal law.
- ii) Closed Session to review confidential identification card and confidential photographs and evidence pertaining to the undercover minor decoy used in this matter.
- Reconvene in Open Session:
iii) Vote whether to disclose any or all discussions held in closed session (SF Admin. Code 67.12(a)).
iv) No action will be taken during closed session.
(6) APPEAL NO. 09-015
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JANICE HENNESSEY, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
Permit Holder: HAKIM IKARIOUEN
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Protesting the suspension on Feb. 3, 2009, of Public Passenger Vehicle Permit (A-card) No. 86602.
RESOLUTION NO. 2009-03.
PUBLIC HEARING HELD AND CLOSED. FOR FURTHER CONSIDERATION TODAY. Note: The suspension of the subject permit (A-card) shall remain in place post April 30, 2009. Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
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(7) APPEAL NO. 09-021
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TU LAM, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
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Appealing the revocation of Public Passenger Vehicle Permit (A-card) No. 48151 and medallion No. 896.
RESOLUTION NO. 2009-04.
FOR HEARING TODAY.
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(8) APPEAL NO. 09-029
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CBS OUTDOOR INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: TONY AZZOLINI
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885 Bryant Street.
Appealing a Letter of Determination dated March 11, 2009, regarding BPA No. 2008/02/23/4752 for the deconstruction and replacement of a rooftop general advertising sign at the subject property.
FOR HEARING TODAY.
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(9) APPEAL NO. 09-030
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FRANCES LUI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1661 43rd Avenue.
Appealing the imposition of penalty on March 22, 2009, for construction work done without a permit.
APPLICATION NO. 2009/03/18/4358.
FOR HEARING TODAY.
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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 (Monday to Friday, 8am to 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 (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304).
Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: May 19, 2009
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG, PRESIDENT
TANYA PETERSON, VICE PRESIDENT
MICHAEL GARCIA, 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, 1650 Mission Street, Room 304, 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.
DVD'S OF MEETINGS
DVD's of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information.
