2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 10, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Arnold Chin, Commissioner Sabrina Saunders, and Commissioner Douglas Shoemaker.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Jonas Ionin, Senior Planner, Planning Departmnet (SP, PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (SBI DBI); Naomi Little, Executive Director, Taxi Commission (ED, TC); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 945 Darien Way; Request to suspend permit dated Oct. 1, 2003
Last day to appeal was Oct. 16, 2003; Jurisdiction request received on Dec. 8, 2003
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Letter from Nina Guralnik, requestor(s), asking that the Board take jurisdiction over a request by the Acting Zoning Administrator to suspend Building Permit Application No(s). 2003/08/05/1215. Reason(s) for requesting suspension: subject permit was approved erroneously over-the-counter by the Planning Department, and a subsequent review of the architectural plans revealed that this permit was taken out to construct an illegal guesthouse in the existing garage space, rather than to repair fire damage as stated on the permit application.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to reschedule the appeal to March 31, 2004 at the prior written request of the parties.
SPEAKERS: None.
ITEMS (4A) & (4B) SHALL BE HEARD TOGETHER:
(4A) APPEAL NO. 03-051
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KEN PAGE, VINCENT LEGER,
& BUENA VISTA PARK LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing the determination dated March 19, 2003, addressed to Andrew Zacks, that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for said use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of said guest rooms.
PUBLIC HEARING HELD SEPT. 24, 2003.
FOR FURTHER CONSIDERATION TODAY.
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(4B) APPEAL NO. 03-066
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KEN PAGE, VINCENT LEGER,
& BUENA VISTA PARK LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a determination dated April 24, 2003, addressed to Andrew Zacks, that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.
PUBLIC HEARING HELD SEPT. 24, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to reschedule the appeal to May 12, 2004 at the prior written request of the parties.
SPEAKERS: None.
(5) APPEAL NO. 03-150
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JESSIEKA DETRINIDAD, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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737 Pine Street.
Appealing a determination dated July 7, 2003, addressed to Niall MacCormack, that the proposed conversion of storage space to a dwelling unit in this 39-unit apartment building would constitute an intensification of a legal non-conforming use, which is prohibited under Planning Code § 181(a).
JURISDICTION GRANTED SEPT. 17, 2003.
PUBLIC HEARING HELD DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to overrule the subject determination with the following findings: a) that the correct number of units is 40; b) that this 40th unit was the original housekeeping/janitorial unit from 1929; and c) that national registry/landmark rules support the relaxing of zoning/density requirements so as to preserve historic buildings.
SPEAKERS: Leo McFadden, SBI DBI, reported on his review of the permit history and said the building was constructed in 1929 with the unit and DBI considers the unit as existing and legal. Jonas Ionin, SP PD, said the unit can’t be legalized because the unit was changed to storage use by permit and cannot be reinstalled under density limits. Public comment for appellant: Gordon Bennett said he supports the legalization of the unit.
(6) APPEAL NO. 02-020
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DAVID ADAMS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the denial on January 30, 2002, of a request to add the appellant’s name to taxicab medallion no(s). 129.
NOTE: On Jan. 15, 2003, the Board voted to dismiss the case for lack of subject matter jurisdiction. Then, pursuant to Superior Court Case No(s). CPF-03-502454, the Board vacated its dismissal of Jan. 15, 2003 and granted the appellant a hearing on the merits on June 25, 2003, at which time the Board upheld the action of the Taxi Commission. On Feb. 4, 2004, the Board voted to grant the rehearing request by the appellant, and to schedule the rehearing for March 10, 2004.
FOR REHEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 4-1 (Vice President Sugaya dissented) to overrule the Taxi Commission and allow the appellant’s name to be added to the subject medallion with a finding that the record indicates an intent by Mary Adams to add the appellant’s name to the subject medallion.
SPEAKERS: Naomi Little, ED TC, explained the denial by the Commission and gave a history of the medallion’s ownership. John Feldman III, attorney for appellant, gave his arguments in support of overruling the Commission and allowing the appellant’s name to be added to the medallion. Inspector Farrell Suslow, PD TD, explained the procedures involved. Public comment for Taxi Commission: Mark Gruberg urged the Board to uphold the action of the Commission base don the facts. Public comment for appellant: John Fried said it’s ridiculous to accuse the medallion holder of criminal activity since she was trying to get her son’s name on the medallion. Fred Naranjo said he has had a business relationship with Luxor for many years and that they are very reliable. Richard Benjamin said he knows the appellant’s family and that they have always been in the taxi business.
(7) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to reschedule the appeal to April 28, 2004.
SPEAKERS: Geoffrey Rotwein, attorney for appellant, asked for a rescheduling of the appeal. Naomi Little, ED TC, did not object to the rescheduling request.
(8) APPEAL NO. 03-052
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LANDO SIU, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 25, 2003, of taxicab medallion #1181.
RESOLUTION NO. 2003-12.
NOTE: At the original hearing of June 4, 2003, the Board voted to uphold the subject revocation. On September 17, 2003, the Board voted to grant the jurisdiction request seeking a second 10-day rehearing request period; the Board also voted that same day to grant the rehearing request.
FOR REHEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to reschedule the appeal to April 28, 2004 at the prior written request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to overrule the subject revocation with the following conditions: a) that the medallion be suspended for 3 months; b) that the appellant submit waybills to the Police Dept.’s Taxi Detail on a quarterly basis for 3 years and if the full-time driving requirement is not met, the medallion shall automatically be revoked, and with a finding that there’s insufficient evidence to support the revocation.
SPEAKERS: Naomi Little, ED TC, explained why the Commission revoked the medallion and said that recently the shift requirement has been met and that legislation is now at the Board of Supervisors to amend penalties for failure to meet the driving requirements. Geoffrey Rotwein, attorney for appellant, said his client is contrite and now meets the driving requirement. James Neilly, appellant, admitted his error and asked the Board to reinstate his medallion. Public comment for Taxi Commission: Mark Gruberg said that overruling the Commission will send the wrong message to medallion holders about the Board’s support of the Commission’s decisions. Barry Taranto said he has a neutral position based on speaking to drivers at National and the fact that the appellant admits his error and now meets the requirements. Public comment for appellant: Dan Hines said the appellant is an asset to National Cab Company and the taxi industry.
(10) APPEAL NO. 04-007
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JUDITH BERKOWITZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3358 Cesar Chavez Street.
Protesting the issuance on Dec. 31, 2003, to La Raza Centro Legal, Permit to Alter a Building (on two-unit residential / office building: provide accessible entry and lateral strengthening of building façade via a new glass storefront at ground level only; provide ramp to connect both levels of ground floor (21” elevation difference) and accessible unisex restroom; flooring, lighting, heating upgrades; change of use; mechanical/lighting under separate permit).
APPLICATION NO. 2002/05/23/7284.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-1 (President Harrington dissented) to uphold the subject permit.
SPEAKERS: Judith Berkowitz, appellant, said she opposes the project because the proposed facility is too small for the number of people it will serve, and will be out of character with the neighborhood. Monica Garcia, agent for permit holder, described the site and how the agency proposes to operate. Ana Maria Loya, agent for permit holder, said the appellant was presenting the same argument made to the Commission and described the other sites that had been considered and rejected. Public comment for appellant: Milton Gaines said this is the wrong location and that workers cause traffic problems and the proposal is a tragedy waiting to happen. Roxanne Malek described the negative impacts the program will have and said this site was not appropriate. Leora Vestel said she wants a reasonable project that improves the neighborhood. Michael Vestel said the space is too small for the intended use and it will have an impact on the area. Sonia Melara said the site is inappropriate. Annette Banchero said the space is too small. Howard Gustadt said the site is too small and that the program will have a tremendous impact on the community. Michael Miller-Quintana said the site is inappropriate for the proposed use. Joe Porcoro said the Commission’s conditions show that the site is too small since they must seek a more appropriate site in a year. Capt. Greg Corrales, PD Mission Station, said he opposes the project because it will cause traffic problems and will increase the work load of the Police Dept.; he said he was not speaking for the department but for himself and Mission Station. Jose Mumiz said he hires day laborers and thinks the space is too small. Erick Arguello said he has a restaurant and must clean up after workers who litter and urinate on the street. Jaime Ross said the space is way too small. Christine Pascual said the program will make the streets unsafe for the elderly. John Mendoza said he employs nine people all year, and thinks the space is too small. Public comment for permit holder: Alicia Larco said the project has taken two years and the facility is suitable. Julio Loyola said the program serves day laborers and immigrants and the space is 3 ½ times larger than the present facility. Jose Alfaro said the space is not too small. Sister Maura Sullivan said the program will give dignity and justice to hard working people. David Corona said he hopes the Board will give them the permit. Luis Granados said the Commission’s conditions will be met and no new information is being offered on traffic and parking. Fran Taylor said she is a neighbor and supports the project. James Quesada said this is a service site and not a housing site. Roni Robertson said the appellant opposed it before because it was too big and not because the site was too small, and she thinks the site is perfect. Jeff Giaquinto said only a small group is in opposition. Eric Quesada said this is a successful program, which has been thoroughly vetted by the Commission already. Jonas Ionin, SP PD, said this is a principally permitted use, and that no CU is necessary for it, and that it underwent a mandatory staff DR and will come back before the Commission after a year.
(11) APPEAL NO. 04-008
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SERVELINA CONDE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Ellington Street.
Protesting the issuance on January 12, 2004, to Conrad Navarro, Permit to Alter a Building (on single-family house: comply with complaint no. 200446665; foundation revision to Building Permit Application No. 2003/12/02/1393).
APPLICATION NO. 2004/01/12/3781.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to uphold the subject permit.
SPEAKERS: Servelina Conde, appellant, gave the history of the project and reasons for opposing the permit, which is her concern about the foundation work and the impact on her property. Michael Lee, attorney for permit holder, said his client’s daughter is disabled and work has already been done, and plans were signed off by the Deputy Director and the items inspected and found to have been done properly. Neftalio Rivera, agent for permit holder, explained the plans. Leo McFadden, SBI DBI, said exhaustive efforts have been made to resolve the appellant’s concerns and correct the foundation. No public comment.
There being no further business, President Harrington adjourned the meeting at 9:11 p.m.
______________________________ _________________________________
Kathleen Harrington, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
