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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 18, 2008
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) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 4, 2008 minutes.
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(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 75 Folsom Street. Appeal No. 07-159, House vs. DBI, PCD, decided May 21, 2008. At that time, upon motion by President Garcia, the Board voted 3-0-1 (Commissioner Peterson absent) to overrule the denial, grant the permit, with adoption of findings at a later date. Project: on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units; BPA No. 2007/01/16/1750.
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(4b) REHEARING REQUEST:
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Subject property at 9 Douglass Street. Appeal No. 07-217, Williams vs. DBI, PDA, decided May 14, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the permit on condition that the plate height elevation for the new floor be 8 feet and that the maximum height for the roof peak be 13 feet - 4 inches. Permit Holder: Lawrence Nathanson. Project: on single-family house, vertical addition to rear portion of house for new master bedroom suite; interior renovation; BPA No. 2007/01/11/1515S.
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(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 442 Haight Street. Permit issued on May 6, 2008. Last day to appeal was May 21, 2008. Jurisdiction request received on May 28, 2008. Letter from Thea Selby, requestor, asking that the Board take jurisdiction over BPA No. 2007/05/18/1718S. Permit Holder: Harvey Rudman. Project: legalization of an existing medical cannabis dispensary; no physical alteration to existing space.
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(5) APPEAL NO. 07-139
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DAVID BASADA
dba “KSJ TAXI”, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 2, 2007, of Color Scheme Permit.
FOR REHEARING TODAY. Note: On April 9, 2008, the Board voted 3-1-1 (RK dissented, KA absent) to uphold the revocation. On May 7, 2008, the Board voted 4-0-1 (RK absent) to grant the appellant’s rehearing request, and to set the rehearing for June 11, 2008.
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(6) CLOSED SESSION:
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Conference with Legal Counsel, Anticipated Litigation, City as Defendant.
Board of Appeals, Appeal No. 08-049, Ai Ren Lei vs. DBI, Planning Commission Disapproval, 770 – 18th Avenue, denial of building permit application.
A. Public comment on all matters pertaining to the closed session.
B. Vote on whether to assert the attorney-client privilege to hold closed session to confer with legal counsel regarding anticipated litigation because discussion in open session would likely and unavoidably prejudice the position of the City in that litigation. (CA Government Code § 54956.9; SF Administrative Code § 67.10(d)).
C. Conference with legal counsel in closed session.
D. Reconvene in open session:
1. Report on action taken in closed session, if any, and the vote thereon.
2. Vote to elect whether to disclose any portion of the discussions held in closed session that is not confidential and possible report thereon.
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(7) APPEAL NO. 08-049
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AI REN LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISION DISAPPROVAL
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770 – 18th Avenue.
Appealing the denial on April 11, 2008, of Permit to Alter a Building (four foot setback of first and second floor rear wall; reference previously approved BPA No. 2005/10/06/4962.
APPLICATION NO. 2007/09/24/3528S.
PUBLIC HEARING HELD & CLOSED ON JUNE 11, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to await the vote of Commissioner Robert Haaland.
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(8) APPEAL NO. 07-196
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JOHNSON YOU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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245 Clement Street.
Appealing a Notice of Violation dated Sept. 28, 2007, addressed to Johnson You, regarding an unauthorized independent massage establishment use at the subject property.
FOR HEARING TODAY.
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(9) APPEAL NO. 08-036
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1314 POLK STREET
ASSOCIATES LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1326 Polk Street.
Appealing a Notice of Violation dated Feb. 27, 2008, which states that the new condominium development at the subject property is in violation of Planning Code § 207.1(b).
FOR HEARING TODAY.
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ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 08-037
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MUSEUM PARC COMPLIANCE
CONTROL COMMITTEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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725 Folsom Street.
Protesting the issuance on March 12, 2008, to Culinary Arts Studio, Permit to Alter a Building (tenancy improvements to establish a production catering kitchen with miscellaneous storage etc… at street level; dining room and café).
APPLICATION NO. 2007/11/21/8738.
FOR HEARING TODAY.
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(10B) APPEAL NO. 08-043
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MUSEUM PARC HOA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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725 Folsom Street.
Protesting the issuance on March 12, 2008, to Culinary Arts Studio, Permit to Alter a Building (same description as Appeal No. 08-037).
APPLICATION NO. 2007/11/21/8738.
FOR HEARING TODAY.
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(11) APPEAL NO. 08-050
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KATHLEEN DUDEK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1579 La Salle Avenue.
Protesting the issuance on Dec. 24, 2007, to Amy Wai Lin Chu, Permit to Alter a Building (demolition of existing porch at rear of existing building; proposed two story rear addition at rear of existing one story over garage).
APPLICATION NO. 2007/05/23/2022S.
JURISDICTION GRANTED APRIL 2, 2008.
FOR HEARING TODAY.
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ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 08-051
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960 Golden Gate Avenue.
Protesting the issuance on April 3, 2008, to James Ulahue, Permit to Alter a Building (remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995).
APPLICATION NO. 2008/01/28/3333.
FOR HEARING TODAY.
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(12B) APPEAL NO. 08-052
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1980 Golden Gate Avenue
aka 800-808 Lyon Street.
Protesting the issuance on April 3, 2008, to Prana Eight Properties LLC, Permit to Alter a Building (comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; remove deck with invalid easement over adjacent property [separate permit]; provide fire escape to provide 2nd means of egress).
APPLICATION NO. 2008/02/05/3995.
FOR HEARING TODAY.
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(13) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
FOR HEARING TODAY.
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(14) APPEAL NO. 08-069
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MANUEL & MERCEDES MURILLO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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367 Munich Street.
Appealing the imposition of penalty for construction work done without a permit.
APPLICATION NO. 2006/07/24/7448S.
FOR HEARING TODAY.
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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: June 13, 2008
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MEMBERS OF THE BOARD OF APPEALS
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MICHAEL GARCIA
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PRESIDENT
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FRANK FUNG
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VICE PRESIDENT
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ROBERT HAALAND
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COMMISSIONER
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TANYA PETERSON
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COMMISSIONER
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KENDALL GOH
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COMMISSIONER
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EASTELLER BRUIHL - OFFICIAL COURT REPORTER – TEL: 415.348.0050– FAX: 415.348.0077 –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 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 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 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 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.
