City and County of San FranciscoBoard of Appeals

January 11, 2012

Board of Appeals - January 11, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JANUARY 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 Dec. 14, 2011 minutes.

 

 

 

(4)    SPECIAL ITEM

Presentation by the Department on the Status of Women and the San Francisco Police Department on the City’s role in addressing human trafficking and the regulation of massage establishment permits.

 

 

 

 

 

 

 

 

(5)    ADDENDUM ITEMS

(5a)  JURISDICTION REQUEST

Subject property at 1753 Beach Street.  Letter from Anthony Soldato, Attorney for Beth Weesner, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2011/03/18/2376, which was issued on Nov. 10, 2011.  The appeal period ended on Nov. 28, 2011, and the jurisdiction request was received at the Board office on Dec. 06 2011.  Permit Holder: Sanford Specter.  Project: remodel/reconfigure kitchen, bath and laundry; add bath; remove portion of wall at hallway; remove partition at kitchen to dining; reconfigure bedroom closets; new furnace and water heater; new gas fireplace; new exterior stair to new roof deck; new lighting throughout; new windows (in-kind at front; reconfigure at rear and sides); replace/resize skylight.

 

 

(5b)  JURISDICTION REQUEST

Subject property at 448 Diamond Street.  Letter from Debra Reabock, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2010/07/13/6485”S”, which was issued on April 08, 2011.  The appeal period ended on April 25, 2011, and the jurisdiction request was received at the Board office on Dec. 12, 2011.  Permit Holder: Steve & Maura Abernethy.  Project: construct three-story, single-family dwelling with 924sf of ground floor area.

ITEMS (6A), (6B), (6C), (6D), (6E), (6F), (6G), (6H) & (6I) SHALL BE HEARD TOGETHER:

(6A)  APPEAL NO. 11-103

SHEILA MURPHY, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027

ALL NINE PUBLIC HEARINGS HELD ON DEC. 14, 2011; FOR FURTHER CONSIDERATION TODAY.  Note: matters continued to allow time for permit holder to seek Certificate of Sanitation from DPH for the 625 -  2nd Street location.

 

 

(6B)  APPEAL NO. 11-104

ARISTO INVESTMENT

GROUP LP, UMBERTO GIBIN

dba “BARBACCO ENO TRATTORIA”

& “PERBACCO RISTORANTE”, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

 

(6C)  APPEAL NO. 11-105

MICHELLE FUNKHOUSER, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6D)  APPEAL NO. 11-106

MONESH JOSAN

dba “SUBWAY” & “7-ELEVEN”,

DAVID DAVARI dba “FOCACCIA MARKET BAKERY”, AND PAUL AYANIAN

dba “LE REGENCY DELI”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6E)  APPEAL NO. 11-107

JOHN ISAACS,

OSMAN ZUGHAYER dba “ZIGGY’S BURGERS”,

AND VAN BOWERSMITH & CHAU DANG

dba “LES CROISSANT”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

 

 

 

(6F)  APPEAL NO. 11-108

MUNA AZZGHAYER dba “OASIS GRILL”

& “DRUMM LIQUOR & DELI”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

 

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

 

(6G)  APPEAL NO. 11-109

ARSALAN NAJMABADI

dba “PORTICO RESTAURANT”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

 

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

 

(6H)  APPEAL NO. 11-111

HOWARD FISH

dba “SKYLINE CONSTRUCTION”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

 

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

 

(6I)  APPEAL NO. 11-112

CARLOS AGUILAR

dba “ORALE ORALE MEXICAN

RESTAURANT”, Appellant(s)

                     vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

50 California Street, 625 – 2nd Street, and    61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(7)  APPEAL NO. 11-132

SEB INVESTMENT GMBH, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                     Respondent

 

One Bush Street.

Protesting the issuance on Oct. 28, 2011, to Viet Duong Company Limited, Mobile Food Facility Permit (sale of Vietnamese sandwiches, spring rolls, bottled water and soda).

PERMIT NO. 11MFF-0033.

FOR HEARING TODAY.

 

 

(8)  APPEAL NO. 11-127

JAY MOSES, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

150 Oak Street.

Protesting the issuance on Oct. 27, 2011, to National Center for International Schools, Permit to Remove and Replace Three (3) Trees.

ORDER NO. 179,675.

FOR HEARING TODAY.

 

(9)  APPEAL NO. 11-128

HELEN WATSON, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1400-1402 Kansas Street.

Appealing the imposition of penalty on       Oct. 26, 2011, for construction work done without a permit.

APPLICATION NO. 2011/10/26/7704.

FOR HEARING TODAY.

 

 

(10)  APPEAL NO. 11-129

JOSE & MARTA POCASANGRE, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

178 Madrid Street.

Appealing the imposition of penalty on      Nov. 09, 2011, for construction work done without a permit.

APPLICATION NO. 2011/09/09/4238.

FOR HEARING TODAY.

 

 

 

 

 

(11)  APPEAL NO. 11-119

JORDAN KWAN, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

791-793 – 22nd Avenue.

Protesting the issuance on Oct. 07, 2011, to Michael Cabarrubia, Permit to Alter a Building (two-story rear yard addition with roof deck; legalize space at 1st floor; provide two bedrooms and bath; new bedroom and relocate bath at 2nd floor).

APPLICATION NO. 2011/02/03/9574S.

PUBLIC HEARING HELD ON DEC. 07, 2011; FOR FURTHER CONSIDERATION TODAY.  Note: matter continued to allow time for parties to confer on a resolution and revised plans.

 

 

(12)  APPEAL NO. 11-126

MOSQUITO LLC dba “TUPELO”, Appellant(s)

                     vs.

 

ZONING ADMINISTRATOR, Respondent

 

1337 Grant Avenue.

Appealing a Letter of Determination dated October 20, 2011, addressed to Entertainment Commission Director Jocelyn Kane, requesting that action be taken to remedy a conflict between a recently issued Place of Entertainment Permit at the subject property and prior Planning Commission actions related to this subject property.

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:  Jan. 06, 2012

 

MEMBERS OF THE BOARD OF APPEALS

KENDALL GOH

PRESIDENT

MICHAEL GARCIA

VICE PRESIDENT

FRANK FUNG

COMMISSIONER

CHRIS HWANG

COMMISSIONER

------

VACANCY

               

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