April 20, 2011
BOARD OF APPEALS
CITY & COUNTY OF
MEETING MINUTES - WEDNESDAY, APRIL 20, 2011
5:00 P.M., CITY HALL, ROOM 416,
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Dan Sider, Senior Planner, Planning Department (PD); Kevin Guy, Planner, (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Department of Public Works, Bureau of Street Use and Mapping (DPW, BSM); Cynthia Goldstein, Executive Director; Xiomara Velez, Legal Process Clerk.
(1) PUBLIC COMMENT:
| 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. |
SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
| Discussion and possible adoption of the April 06, 2011 minutes. |
ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the April 6, 2011 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
| Subject property at |
ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the findings as amended to change the permit holder’s name to NextG Networks of California, Inc.
SPEAKERS: Natasha Ernst, attorney for permit holder; Jeff Cooper, appellant; John Kwong, DPW, BSM.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST:
| Subject property at 124 Lower Terrace. Letter from Jim Flanagan, requestor, asking that the Board take jurisdiction over Wireless Box Permit No. 10WR-0079, which was issued on November 15, 2010 by the Department of Public Works. The appeal period ended November 30, 2010, and the Jurisdiction Request was received at the Board office on March 24, 2011. Permit Holder: NextG Networks, Inc. |
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to grant the request on the basis that the City inadvertently misled the requestor into not fiing a timely appeal.
SPEAKERS: Jim Flanagan, requestor; Natasha Ernst, attorney for permit holder; John Kwong, DPW, BSM.
PUBLIC COMMENT: Jeff Cooper spoke in support of the requestor.
(4c) JURISDICTION REQUEST:
| Subject property at 1550 and |
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to deny the request.
SPEAKERS: W.B. Coyle, agent for permit holder; the requestor did not appear.
PUBLIC COMMENT: None.
(5) APPEAL NO. 10-136
| VIRGINIA RAMOS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL | 3175 – Protesting the issuance on Dec. 14, 2009, Permit to Alter a Building (voluntary removal of 6’ X 12’ freestanding advertising sign; property owner consent attached). APPLICATION NO. 2009/11/12/1004. JURISDICTION GRANTED DEC. 08, 2010. FOR REHEARING TODAY. Note: On Feb. 09, 2011, the Board voted 2-3 (President Goh, Commissioners Fung and Hwang dissented) to grant the appeal and overturn the department. Lacking the four votes needed to pass, the motion failed and the permit was upheld by operation of law. On March 16, 2011, the Board voted 4-0-1 (President Goh absent) to grant the appellant’s rehearing request and to set the rehearing for April 20, 2011. |
ACTION: Upon motion by Commissioner Fung, the Board voted 3-2 (Vice President Garcia and Commissioner Peterson dissented) to deny the appeal and uphold the department.
SPEAKERS: Jana Farrell, agent for appellant; Virginia Ramos, appellant; Sean Marciniak, attorney for permit holder CBS Outdoor; Dan Sider, PD.
PUBLIC COMMENT: Peter Alexander spoke about the Constitution and signs.
| HOUSING CORPS INC., Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
| Protesting the issuance on May 24, 2010, to Bay Drug LLC, Permit to Alter a Building (remodel bath, heating, upgrade electrical, partition walls; replace ceiling tile in grid; all work at commercial unit; vacant locksmith to pharmacy). APPLICATION NO. 2010/05/21/2975. JURISDICTION GRANTED JUNE 30, 2010. FOR REHEARING TODAY. Public Hearing held and closed on Oct. 06, 2010. Motion to grant the appeal conditioned upon adoption of findings approved on Oct. 13, 2010. Motion to re-open the public hearing and receive additional evidence approved on Dec. 15, 2010. On Jan. 19, 2011, the Board voted 2-3 (President Goh, Commissioners Fung and Hwang dissented) to deny the appeal and uphold the permit. Lacking the three votes needed to pass, the motion failed and the permit was upheld by operation of law. On March 23, 2011, the Board voted 5-0 to grant the appellant’s rehearing request and to set the rehearing for April 20, 2011. |
ACTION: Upon motion by President Goh, the Board voted 5-0 to designate the court reporter’s transcript as the official record of this proceeding. Upon motion by Commissioner Peterson, the Board voted 2-3 (President Goh and Commissioners Fung and Hwang dissented) to deny the appeal and uphold the permit. Lacking the three votes needed to pass, the motion failed. Upon motion by Vice President Garcia, the Board voted 5-0 to grant the appeal and uphold the permit on the condition that (a) the permit holder provide DBI and the Planning Department with the actual costs of construction so as to correct what was put on the permit application and so that the permit holder be required to pay any additional fees due to the City; and (b) the following list of security measures be recorded on the property in a Notice of Special Restrictions (NSR): use of a protected and monitored, 24-hour security system (both active and passive); maintenance of a “view corridor” keeping street trees trimmed to maintain visibility; provision of general security, maintained from opening day, by a contract security firm, including: (i) a general presence within the store, (ii) sidewalk (easement) control immediately in front of the store, (iii) behavior monitoring as required inside the store, (iv) security be unarmed, but with the authority to detain for police where required, (v) camera surveillance of pharmacy premises and sidewalk, (vi) maintaining control of cash on site, including how it is transferred and secured, (vii) secure storage for all controlled substances on site, (viii) posting of any customer rules (such as no loitering) as may be needed.
SPEAKERS: David Wagoner, attorney for appellant; Shaughn Morgan, agent for appellant; Diana Sam, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.
PUBLIC COMMENT: Dina Hilliard, Ken Zemel and Elaine Zamora spoke in support of the permit holder. John Nulty, Mohammed Allababidi, Mark Blackwood, Leonore Gomeztrejo, Michael Nulty and Susan Bryan spoke in support of the appellant. San Francisco Police Captain John Garrity answered Commissioner questions.
(7) APPEAL NO. 11-025
| 50 BEALE STREET LLC, Appellant(s) vs. PLANNING COMMISSION, Respondent Motion Holder: GLL | Protesting the adoption of findings related to approval of a determination of compliance under Planning Code § 309 (project is to demolish a four-story building and construct a 24-story building with 340,000sf of office use, 1,000sf of retail space, 23,500sf of subterranean parking, and 12,700sf of publicly-accessible interior open space. MOTION NO. 18268. FOR HEARING TODAY. |
ACTION: Upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Fung dissented) to deny the appeal and uphold the findings, on the basis that the Planning Commission did not abuse its discretion.
SPEAKERS: Alex Degood, attorney for appellant; Jim Reuben, attorney for motion holder; Masis Mesropian, agent for motion holder; Scott Sanchez, ZA; Kevin Guy, PD.
PUBLIC COMMENT: None.
(8) APPEAL NO. 11-027
| ERIC KREBS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL | 2336A Protesting the issuance on Feb. 16, 2011 to John Sollner, Permit to Alter a Building (kitchen and bathroom remodel at rear ground floor studio unit; non structural). APPLICATION NO. 2011/02/16/0389. FOR HEARING TODAY. |
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to deny the appeal and uphold the permit on the basis that there is a lack of any finding that the permit was issued improperly.
SPEAKERS: W. B. Coyle, agent for appellant; John Sollner, permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.
PUBLIC COMMENT: Starchild spoke in support of the permit holder.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 10:30 p.m.
