2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 22, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
NOTE: ITEM 1, CLOSED SESSION SHALL TAKE PLACE BETWEEN 5:00PM – 5:30PM; REGULAR AGENDA, ITEMS 2 - 11 SHALL BEGIN AT 5:30PM.
(1) CLOSED SESSION ON EXISTING LITIGATION: 2623 Pacific LLC, Paul Chow v. City and County of San Francisco et al., San Francisco, Superior Court Case No. 505-993
A. Public comment on all matters pertaining to the closed session.
B. Vote on whether to hold closed session to confer with legal counsel regarding pending litigation, 2623 Pacific LLC, Paul Chow v. City and County of San Francisco et al., San Francisco, Superior Court Case No. 505-993 (filed January 13, 2006) relating to denial of a request for a dwelling unit merger from five units to one single family dwelling. (SF Administrative Code § 67.10(d)(1))
C. Conference with legal counsel in closed session. (CA Gov’t. Code §§ 54956.9(a); SF Administrative Code § 67.10(d)(1).)
D. Reconvene in open session:
1. Report on action taken in closed session, if any, and the vote thereon.
(CA Government Code § 54957.1(a); SF Administrative Code § 67.12(b)(2).)
2. Vote to elect whether to disclose any portion of the discussions held in closed session that is not confidential and possible report thereon. (SF Administrative Code § 67.12(a).)
(2) 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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(3) COMMMISSIONERS COMMENTS & QUESTIONS:
(4) PROPOSED DEPARTMENTAL BUDGET, FY 2006-2007:
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For public hearing, discussion, and adoption.
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(5) ADDENDUM ITEMS:
(5a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 446 Urbano Drive. Permit issued on December 2, 2005. Last day to appeal was December 19, 2005. Jurisdiction request received February 13, 2006. Letter from Mary Porter & Lindbergh Porter Jr., requestors, asking that the Board take jurisdiction over Building Permit Application No. 2005/12/02/9406. Permit Holders: Xue Yuan Jiang, & Beverly Jing Kuang. Project: on single-family house, add family room, full bath, and 6 bedrooms with 6 half baths on ground floor per plan; day care for 6 persons only; cannot prove the room on ground floor is legal, and therefore will pay the entire ground floor room school fee. Note: the public hearing on this jurisdiction request was held and closed on March 1, 2006. Matter continued to allow time for further review of project by DBI and Planning staff.
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(5b) REHEARING REQUEST:
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Subject property at 1366 San Bruno Avenue. Letter from Michael Rosenberg, appellant, requesting rehearing of Appeal No. 06-007, Rosenberg vs. DBI, PDA, decided February 22, 2006. At that time, upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit. Permit Holder: Frank Stonich. Project: demolish a one-story structure, storage-use, with 425sf of ground floor area, BPA No. 2005/11/22/8839.
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(5c) REHEARING REQUEST:
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Subject property at 1740 Filbert Street. Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department. Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582. Project, 2nd permit: construction of a 4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.
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(6) APPEAL NO. 06-016
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YUWADEE LIMDULPAIBOON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1407 – 34th Avenue.
Appealing the imposition of penalty on January 26, 2006, for work done without a permit (on 2-unit building: remodel kitchen and bathroom; per NOV No. 200666225).
APPLICATION NO. 2006/01/17/2308.
FOR HEARING TODAY.
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(7) APPEAL NO. 06-023
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LILY STOYANOVSKI, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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580 Sutter Street.
Protesting the issuance on February 9, 2006, to Clint Worden dba “Lucid Gallery”, Place of Entertainment Permit.
PERMIT NO. EC-782.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apt. building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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(9) APPEAL NO. 98-046
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GERARDO PINTO & MARIANNE RUDDY,
Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1506‑08 Alabama Street.
Denial on March 6, 1998, of permit to Alter a Building (legalize flat on ground floor; add windows in kitchen and living room; add fan and light in bathroom; provide fire wall and door between garage and flat).
APPLICATION NO. 9802518S.
PUBLIC HEARINGS HELD & CLOSED ON NOVEMBER 18, 1998 & FEBRUARY 17, 1999. FOR FURTHER CONSIDERATION TODAY. Note: Returned to Call of Chair per Board motion on Oct. 30, 2002; on Feb. 22, 2006, the Board continued the matter again to allow time for the appellant to notify his tenants of the Board’s intent to decide the appeal.
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(10) APPEAL NO. 03-020
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DIMAS & BLANCA OLIVA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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230 Rhine Street.
Appealing a Notice of Violation dated Jan. 28, 2003, that a 2nd stove and kitchen has been installed in the rear building at the subject property, which constitutes the establishment of a 2nd dwelling unit, in violation of Planning Code § 209.1(b); and that a pre-existing car port has been expanded, in violation of Planning Code § 181.1.
PUBLIC HEARING HELD & CLOSED ON APRIL 9, 2003. FOR FURTHER CONSIDERATION TODAY. Note: Matter rescheduled to Call of the Chair so that DBI & Planning can perform a site visit to ascertain life/safety issues, as well as issues concerning original construction versus recent construction, with a report from said departments at a later date.
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(11) APPEAL NO. 05-128
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JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
PLANNING DEPT. DISAPPROVAL
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2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 2, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to research other possible options with the Planning Department.
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ADJOURNMENT.
Note: 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 review at the Board's office, 1660 Mission Street, Room 3036, front counter. Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: March 16, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
HISASHI B. SUGAYA COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net. THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 PM AND WHENEVER NECESSARY FOR THE CONVENIENCE OF THE COURT REPORTER.
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
Mailed notices of public hearings on appeals are sent to all parties at least five days prior to the date of hearing. 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
Briefs are limited to twelve pages, excluding exhibits, which should be tabbed for easy reference. 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 officialrecord 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 to a later date prior to 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 Catherine Johnson at 575-6882 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: Adele Destro by mail to Interim 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 Ms. Destro 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 Robert Feldman, Executive Secretary, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the office, and on the web site.
Note: Each item on this agenda may include the following documents: 1) Appellant's Preliminary Statement of Appeal and Brief; 2) Respondent’s or Permit holder's Response Brief; 3) Appellant’s Reply; 4) Department decision, order, permit, determination, resolution, or Notice of Violation; and 5) Correspondence of public and parties.
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
