August 1, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, AUGUST 01, 2012

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

 

 

PRESENT: Vice President Frank Fung, Commissioner Rich Hillis, Commissioner Arcelia Hurtado and Commissioner Ann Lazarus.

 

Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Sara Jones, Planning Department (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

President Chris Hwang was absent.

 

(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 July 25, 2012 minutes.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (President Hwang absent) to adopt the July 25, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

(4) ADDENDUM ITEMS:

 

(4a) ADOPTION OF FINDINGS:

Subject property at 156 – 27th Avenue. Appeal No. 12-042, Cooper vs. DPW BSM, decided May 16, 2012. At that time, the Board voted 4-1 to grant the appeal and revoke the Wireless Box Permit with adoption of findings at a later time. Permit Holder: NextG Networks of California Inc. (now Crown Castle NG West Inc.); Permit No. 11WR-0002.

ACTION: Upon motion by Commissioner Hillis, the Board voted 4-0-1 (President Hwang absent) to adopt the findings.

SPEAKERS: Jeff Cooper, appellant; Natasha Ernst, agent for permit holder.

 

PUBLIC COMMENT: G.L. Hastings stated that the subject property address is an avenue and not a street.

 

 

(5) APPEAL NO. 12-027

INGE DHILLON, Appellant(s) vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	21 Rosemont Place. Protesting the issuance on February 15, 2012, to Jonathon Withrington, Permit to Alter a Building (clear complaint #2011755835 remove illegal unit in garage, convert area to workshop with ½ bath). APPLICATION NO. 2012/02/13/4029. PUBLIC HEARING HELD APRIL 18, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to conduct a life/safety inspection.

ACTION: Upon motion by Commissioner Hillis, the Board voted 4-0-1 (President Hwang absent) to continue the matter to November 7, 2012 to allow the parties additional time to look for alternate housing for the appellant.

SPEAKERS: Jim Faye, agent for appellant; Jonathan Withrington, permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 

 

 

 

 

ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:

(6A) APPEAL NO. 12-074

SF OCEAN EDGE, GOLDEN GATE AUDUBON SOCIETY, SIERRA CLUB S.F. GROUP, AND GREGORY MILLER, Appellant(s) vs.   PLANNING COMMISSION, Respondent	Block/Lot 1700/001 – Beach Chalet Athletic Fields at Golden Gate Park. Protesting the approval on May 24, 2012 of Coastal Zone Permit granted to Recreation and Park Department. APPLICATION NO. 2010.0016P. MOTION NO. 18640. FOR HEARING TODAY.

 

(6B) APPEAL NO. 12-075

GOLDEN GATE PARK PRESERVATION ALLIANCE, Appellant(s) vs.   PLANNING COMMISSION, Respondent	Block/Lot 1700/001 – Beach Chalet Athletic Fields at Golden Gate Park. Protesting the approval on May 24, 2012 of Coastal Zone Permit granted to Recreation and Park Department. APPLICATION NO. 2010.0016P. MOTION NO. 18640. FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (President Hwang absent) to deny the appeals and uphold the permit on the basis of the following findings:

 

1. The Board has had available for its review and consideration the Environmental Impact Report and all correspondence and other documents related to the environmental review for the renovation of the Beach Chalet Athletic Facility (the "project"). This information is available for public inspection at the Board of Appeals’ office at 1650 Mission Street and is made part of the record before the Board by this reference herein.

 

2. The Board, based on substantial evidence in light of the whole record, including information presented at this hearing, finds that there have been no project changes or changes in project circumstances and no new information of substantial importance that would change the conclusions of the Planning Department's California Environmental Quality Act determination, which are incorporated herein by reference.

 

3. This Board finds that the Project is consistent with the requirements and objectives of the San Francisco Local Coastal Program for the reasons stated in Planning Commission Motion No. 18640 (Case No. 2010.0016P), Section A of the Planning Department brief filed in this matter and dated July 26, 2012 , and Section C of the Recreation and Park Department brief filed in this matter and dated July 26, 2012, which reasons are adopted and incorporated herein.

 

4. This Board finds that the Project is consistent with the Priority Policies established by Section 101.1(b) of the Planning Code for the reasons stated in Planning Commission Motion No. 18640 (Case No. 2010.0016P), which reasons are adopted and incorporated herein.

SPEAKERS: Brooke O’Hanley, attorney for appellants in Appeal No. 12-074; Katherine Howard, agent for appellant in Appeal No. 12-075; Phil Ginsburg, agent for permit holder; Dawn Kamalanathan, agent for permit holder; Scott Sanchez, ZA; Sara Jones, PD.

 

PUBLIC COMMENT: John Sargent, Kathleen McCowin, Susan Englander, Patricia Arack, Rupert Clayton, Miriam Pinchuk, Dave Goggin, Eva-Lynne Leibman, Barbara Liu-McDowell, Marvel McDowell, Maverick McDowell, Freddi Alagheband, Susan Vaughn, Robert Fries and G.L. Hastings spoke in support of the appellants.

 

Brendan Dunnigan, Dylan Dunnigan, Susan Dunnigan, Marcia Madrigal, Jaime Albona, Richard Cross, Jill Comsburry, Kim Freudenberg, Kurt Freudenberg, Pamela Rupright, Andrea Nagelston, Krista Boscoe, John Zwolinski, Rich Fern, Scotty Kober, Donald Collins, Eric Hansen, Edward Yiu To, and Anonymous spoke in support of the permit holder.

ADJOURNMENT.

There being no further business, Vice President Fung adjourned the meeting at 8:30 p.m.