BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, APRIL 11, 2012

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

 

(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.

 

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the March 21, 2012 minutes.

(4)  APPEAL NO. 12-011

ANDREW PEARCE, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

62 Collingwood Street. Protesting the issuance on Jan. 20, 2012, to Beth Leber, Permit to Alter a Building (legalize Marvin triple-pane, double-hung, aluminum clad windows that were installed without permit in Nov. 2007; six of the windows face the street; 5 of the windows face the side; replacement was done to decrease street noise and improve energy efficiency). APPLICATION NO. 2012/01/20/2596. PUBLIC HEARING HELD ON MARCH 14, 2012.  FOR FURTHER CONSIDERATION TODAY.  Note: additional briefing is allowed.

 

 

 

 

(5)    ADDENDUM ITEMS: 

(5a)  REHEARING REQUEST:                                                

Subject property at 2701 Taylor Street.  Letter from ShaSha Lewis, appellant, requesting a rehearing of Appeal No. 11-145, Lewis vs. DPW BSM, decided on Feb. 29, 2012.  At that time, the Board voted 3-2 to deny the appeal and uphold the denial of the Mobile Food Facility Permit by DPW BSM on the basis stated in the DPW Order that the proposed operation is within 300 feet of an established business with the same type of food product.

 

 

 

(5b)  REHEARING REQUEST:                                                

Subject property at 2801 Leavenworth Street.  Letter from John Kwong, agent for DPW BSM, respondent, requesting a rehearing of Appeal No. 12-003, Lewis vs. DPW BSM, decided on    Feb. 29, 2012.  At that time, the Board voted 4-1 to grant the appeal and overrule the denial of the Mobile Food Facility Permit by the DPW BSM on the basis that the reason for the denial has not been substantiated.

 

 

 

(5c)  REHEARING REQUEST:                                                

Subject property at 4201- 4211 Judah Street.  Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998. The appeal is protesting the issuance of a Letter of Determination to Tenderloin Housing Clinic on November 19, 1997 that finds no legal non-conforming use of the property as a tourist hotel has been established. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Lacking the three votes needed to uphold a departmental action, the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Lacking the four votes needed to overturn a departmental action, the motion failed, and the subject determination was upheld by operation of law. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Lacking the three votes needed to pass, the motion failed. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. Note: With all action in Superior Court resolved, this matter was returned from the Call of the Chair calendar at the initiation of Board staff and with the consent of the parties.

 

 

 

(6)  APPEAL NO. 12-023

TONG SUN KIM dba “MIRALOMA LIQUOR”, Appellant(s)                      vs.   DEPT. OF PUBLIC HEALTH, Respondent	691 Portola Drive. Appealing a twenty (20) day suspension of a Tobacco Product Sales Establishment Permit, imposed on February 15, 2012.  Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-12-09. FOR HEARING TODAY.

 

 

(7)  APPEAL NO. 12-024

RAJAI ALKHALIDI dba “EEZY FREEZY”, Appellant(s)                      vs.   DEPT. OF PUBLIC HEALTH, Respondent	25 West Portal Avenue. Appealing a twenty (20) day suspension of a Tobacco Product Sales Establishment Permit, imposed on February 15, 2012.  Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-12-11. FOR HEARING TODAY.

 

 

(8)  APPEAL NO. 12-021

LAURIE HERRAIZ, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	395 Arkansas Street aka 1566 - 19th Street. Protesting the issuance on February 03, 2012, to Neill Sullivan, Permit to Alter a Building (complete internal remodeling; rebuild bay window and add new windows, expand existing deck). APPLICATION NO. 2012/01/26/2966. FOR HEARING TODAY.

 

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) Departmental decision, order, permit, determination, resolution, or notice of violation; 4) submittals by members of the public; 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) and in the hearing room on the date the matter is scheduled to be heard.  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) and in the hearing room on the date the matter is scheduled to be heard.  Please call 415-575-6880 if you have any questions concerning this agenda. 

 

Date posted:  April 06, 2012

MEMBERS OF THE BOARD OF APPEALS

MICHAEL GARCIA	PRESIDENT
CHRIS HWANG	VICE PRESIDENT
FRANK FUNG	COMMISSIONER
RICH HILLIS	COMMISSIONER
ARCELIA HURTADO	COMMISSIONER

               

PROCEDURE AT HEARINGS

Except when the Presiding Officer finds good cause to order the presentations otherwise, the order of presentation of an appeal shall be as follows: (a) the appellant shall speak first and shall be allowed seven (7) minutes to present relevant testimony and evidence. Then the permit holder, representatives of the department, board, commission or person from whose order the appeal is taken, and/or other parties, shall be allowed seven (7) minutes for presentation of relevant testimony and evidence. Three minutes for rebuttal shall be provided to all parties in this same order; (b) the Board may request a departmental response at its own discretion. For rehearing requests and jurisdiction requests, each party shall be allowed three (3) minutes to present testimony and evidence, with no rebuttal.

 

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. 

 

Those members of the public who intend to testify about a particular appeal and wish to have the Board give their testimony evidentiary weight for purposes of deciding the appeal are asked to take an oath. Please note that any member of the public may speak without being sworn-in pursuant to their rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code).

 

 

SPECIAL NOTES

If the Board continues a matter to a specific date that is announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 415-575-6880 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 4:30 p.m. one (1) Thursday 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. Please note that names and addresses included in these submittals will become part of the public record.  Submittals may be made anonymously.

 

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:  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 may request a copy from the Sunshine Ordinance Task Force Administrator 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, www.sfgov.org/boa.

DVD’S OF MEETINGS

 

DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information.

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

1650 Mission Street, Room 304

San Francisco, California 94103