tv Historic Preservation Commission 102115 SFGTV October 29, 2015 9:00am-11:01am PDT
prerequisite for these things to happen or i will not do it. how could that be? it is the relationship that you have committed to. it is the vocation. no matter how difficult it gets, you are going to need to produce your art. whether it is a large scale or very small scale. the need to create is going to happen, and you are going to have to fulfill it because that is your life. >> vice president was great good evening and welcome to the wednesday, october 28, 2015, meeting of sfrldz the public defender e presiding officer is
commissioner president ann lazarus joined by commissioner honda and commissioner fung and commissioner rick swig commissioner bobbie wilson that will absent this evening is robert ryan and at the controls the boards legal assistant cable car and i'm cynthia goldstein the board's executive director we're departments that have cases before this board. senior inspector, next item. >> joe duffy is sitting at the table in the front and representing the department of building inspection and scott sanchez planning department who is zoning administrator and representing the planning commission and carli short with the department of public works with mapping and now the superintendent of urban forestry congratulation please be advised the ringing of
and use of cell phones and other electronic devices are prohibited. out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live
on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv. thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. please note: any of the members may speak without taking if you could stand now thank you do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you very much commissioners we have one housekeeping item 8 which is appeal number.
>> 1 dash 070 at cresting visiting the parties ask this be continued until november 4th, 2015, trying to workout a settle of their own we need a vote. >> so moved. >> thank you commissioner fung by public comment on item 8 seeing none, on that motion from commissioner fung to move this to november 4th commissioner president lazarus commissioner honda and with commissioner wilson absent that motion carries moving to item one general public comment anyone that wants to address the board on items not on tonight agenda is there anyone from the public that wishes to speak under general public comment seeing none, move to item 2
commissioners questions or comments. >> commissioners i'm sorry. >> (inaudible) yes general public comment if you have something to say now is your chance. >> (inaudible). >> i see this is actually not item one we'll get to that in a few minutes thank you item 2 commissioners that is questions or comments anything okay. so seeing none, move to item 3 the consideration of the october 14, 2015, board minutes. >> commissioners any additions, deletions, or changes if not may i have a motion. >> so moved. >> thank you. >> is there any public comment on the minutes seeing none, on the minutes we have a motion to
do you want them by the vice president on that motion commissioner fung commissioner president lazarus and commissioner swig that that motion carries so, now move to item number 4 is a jurisdiction request the subject property on santa fe after the board received a whatever requester asking the board take jurisdictions over the permit application which was issued onion may 2015 did appeal ended on may 15th and it was filed on august in 2015 the permit holder and to remove two living spaces on the first floor commercial step forward and rove the store the 1 floor street
unit to be returned to commercial pace space for conditional use application the board voted with commissioner swig to continue this to allow the times for the permit for the permit holder to provide intention with respect to the permit on october 14th this matter was continued to tonight because of a loss of quorum and before we begin commissioner swig i believe you've received union street the file and video and ready to participated thank you so much so commissioner president lazarus i was going to do suggest to hear from the permit holder first and since you've asked him to come back to speak to the board and hear from the departments and requester so if you'd like to come forward thank you and 3 minutes.
>> yes. >> okay. you'll have 3 minutes. >> kevin tread well. >> could you speak into the other microphone. >> i'm kevin i pulled the permit at the request of the owner he is the new owner the building and part of progress of taking ownership was to be sure that the property was code compliant so it shows that - and please overhead. >> there we go. >> you can use the other microphone swing that over. >> figure it out so this building was built in the 19 hundred and has been a commercial at street level both
663 and 665 for a number of years since the 1980s when was was allowed a commercial non-compliant commercial use the owner purchased it earlier this year and the fitting parts on 663 was still active commercial space somewhere along the line in the last few years the downstairs of 5665 was converted to living space without permits those two rooms. >> i'm sorry you need to speak into the meek as you're working with that. >> those rooms are illegal bedrooms one the reasons besides not permitted there is no way to create an egress window in this
space there was other issues that we were perfectly happy to capri with to make the building code compliant so getting the permit i've talked with the building permits and verbiage was added to make sure it was clear to return to commercial used by the city i was told that wouldn't be an issue we then received the letter from the residents so as you can see from the way the building is built this being the front the street side of the property there really isn't any way to put in a legal bedroom in this property without a major renovation to the ground floor. >> so the intent to remove the
illegal rooms and eventually turn it back to commercial space. >> thank you. >> mr. sanchez. >> let me ask a question first, the reason this case was continued the first time was there was a document in the brief that indicated the permit holder was withdrawing this permit; is that correct or not correct. >> there was an initial thought to do that i stated but pulled that we realized it was not necessary to remove the permit there was a discussion i actually filed it and went back the next morning in discussion it was better to move forward as it was originally submitted.
>> okay sorry thank you. >> mr. sanchez. >> thank you scott sanchez planning department one of the reasons this item was continued to get more clarity to confirm the permits were issued correctly and building the planning department reviewed that and no notice was required for the smubt permit i'm available to answer any questions. >> so just a question that from the property has not been commercial for how many years would it require a conditional use. >> it has been abandon for the conditional use authorization would be needed to restore it this permit application didn't require that it seems of the two spaces one of them the side with
the printing seems to be active within the last 3 years and the odds 3 years since a commercial use and need to establish the location. >> we haven't determined it. >> based on the information and the print shop i believe earlier this year and for the other space it was stated in an e-mail three years ago. >> so that is based to rare conditional use to restore to commercial use. >> it is legal non-conforming. >> not typical permitted in the commercial use anulnar limited use can continue with restrictions. >> thank you mr. sanchez. >> thank you mr. duffy.
>> good evening, commissioners joe duffy dbi short the permit seems to be reviewed properly by dbi i checked on complaints no active complaints so it is voluntary work and as i said, i didn't see anything wrong with the permit. >> thank you. >> okay. thank you mr. white horn. >> good evening madam president and commissioners i'm here to contest the permit granted to joseph he never got a notice and when of the application was submitted a requirement of sf 311 and state
law requires the landlord notice the tenants before applying for the permit the gentleman never contacted me and let me know he was seeking for a demolition which had i known would have done a block block notice he's returning this to a commercial space co-authored to the assessors those office a rh2 family 4 unit building two distinct address my address and the address next door to me the address right next door to me basing has been a typically space for the landlord son for a number of years he moved out as the property was purchased by mr. bravo.
>> it's a apartment where we live when you first walk in is a living room a long hallway my roommates room a kitchen my room a bathroom and a backdoor to a garden upon receiving the permit the landlord is supposed to accelerate the neighbors the permits was granted no such permit was granted thank you very much. >> no such sign has been posted so on. >> any public comment on this item? seeing none, commissioners, the matter is submitted. >> mr. sanchez if you don't mind addressing the issue of the required notices please. over the course scott sanchez planning department so as discussed in other case
pursuant to the planning code is not required for the removal of the twenl eastbound only required for a legal dwelling unit that has authorization the 3-r report listed this as a single-family detrimental and pending legislation that could expand the planning code 317 requirement for loss of dwelling units to also unit not authorized as today, the law currently on applies to legal units and we have to evidence the lower floors of this building a legally dwelling units. >> where is that legislation. >> it has been introduced by commissioner avalos following up open interim controls h he has introduced and i believe the planning commission will be hearing it in december.
>> oh, i don't think there is a basis for a jurisdiction request. >> under the current provision. >> well, i mean there is no basis in terms of whether the city erred the question of whether affordable housing disappears is less of a legal issue. >> unfortunately, we seem since i've been on the commission it seems like every two weeks a similar situation a citizen is evicted from their illegal highway but until the board of supervisors takes our
advise in april. >> around that time. >> unfortunately, our the situation to situation whereas, madam president said this doesn't merit the request. >> this is a little bit different than cases before us that a lot of cases before us are single-family dwellings that have not one or worn the legal units down look at the picture of the property this was commercial space and although it is unfortunate i don't believe there is a basis for to grant the jurisdiction request. >> anyone. >> i'm in agreement. >> i'll move to deny the jurisdiction request on the basis there was no action by even though city it caused the requester inform internal
revenue late thank you on that motion commissioner fung commissioner vice president honda and commissioner swig that motion carries 4 to zero. >> before i call the next item we want to find out if lilly lynn is here or an interpreter for the next item. >> okay t the for the next item yes. okay we had hired on interpreter to come to help with that translate this item but she's - are you lilly lynn. >> yeah. >> okay. just in time ross those are the people that many say lynn is here to translate for you.
>> okay. >> so i'm calling item 5 appeal lynn wong versus the a penalty for construction work without a permit and we will start with the appellant mr. wong who has 7 minutes to aid the board you need to come up to the microphone together. >> to present your case to the board. >> and actually because we have an interpreter we'll double the time it will be a total of 14 minutes because of fact we're speaking through an interpreter so into the microphone please go
forward. >> (speaking foreign language.) >> i speak chinese so i talk to you in chinese i any bedroom has 4 windows. >> (speaking foreign language.) >> yeah total 4 windows 3 of them is leaking water i change it. >> (speaking foreign language.) >> i don't know should i get appointment from the window to fix. >> would you speak into the microphone i can't hear you thank you. >> i total have 4 windows 3 of them is leaking water do i need a permit now a leaking problem.
>> (speaking foreign language.) >> right now. >> (speaking foreign language.) >> okay right now i still have my upstairs has a 6 to 8 windows their leaking water do i need to get a permit. >> (speaking foreign language.) >> previously downstairs was living room for students he or she has a lot of opinion regarding to a lot of problem like leaking gas but i don't have leaking gas problem. >> (speaking foreign language.)
>> i don't have a leaking gas and then he is unreasonable. >> (speaking foreign language.) >> and then my downstairs has lots of things i called my attorney he asked me to pay $10 he's asking for 10 to 15 thousand dollars. >> (speaking foreign language.) >> this person wants to say something if not no fact his purpose to get money back.
fine. >> (speaking foreign language.) >> and then the government say i need to bring the wart and i left her not on the wart and open the door but refused to open the door i county get in to >> (speaking foreign language.) >> because the time it limit to the government requested me before the may 29 i need to fix it before that day and after that i need to fix it to it is okay. right now.
>> (speaking foreign language.) >> that person he has no furniture only one bed i give him like a bell or something for him to use he refused to return it to me. >> (speaking foreign language.) >> excuse me. the interpreter for client. >> (speaking foreign language.) >> that person say he say we want to kill my family member. >> (speaking foreign language.) >> and i don't building what
that person like thirty-year-old he is very, very bis very, very >> (speaking foreign language.) >> thank you our temporary can tell you about that information. >> i have a few questions how long has the tenant been in the property. >> (speaking foreign language.) >> he is saying to stay about a few a couple of months and totally about 8 months and since
fix the window and then previous landlord he said his house only costs thirty thousand and for the property tax only one hundred and 50. >> (speaking foreign language.) >> and downstairs already have open and bedroom i didn't do that. >> honk has the owner of this property. >> (speaking foreign language.) >> i bought it in 1996. >> (speaking foreign language.) >> the house is very, very old and the property is very old so
it has a lot of holes and the mouse comes through. >> thank you, thank you. >> thank you. >> thank you inspector duffy. >> you can sit now and we'll hear in the inspector and there's more time. >> commissioners joe duffy dbi the appeal the penalty is the result of the complaint received by dbi around the ninth of march. >> inspector duffy hold on i want to make sure your translating this they need to understand this. >> it was the description of the complainant saying illegal unit and the rental services around march and it was phone calls barbara hale a no entry and around the 25th of march an
inspection of the premises and some permit researchers by housing inspection services the 29 of april 2015 a initiation or over a parking garage and a failed inspection of the upper lower and kitchen counters and sing and enclosing it with the kitchen and full bath a tube and sink have been added the permit research failed to produce any permits were issued throughout the building to its present condition and the following codes violations there is various code vacationed proper ventilation and heat
source and installed without a wiring permit and back up instruction materials and improper exist egress obstruction the rules of violation was issued by the housing inspection at a time the instruction was to submit a copy and two sets of plans with wants building application to legalize the floor occupancy or reinvestor back to the use there was a 9 minds penalty of 5 thousand dollars the value of work to be 5 thousand dollars and that was noigs noigs the value of $1,000
but had a discussion they lowered that to 4 thousand 9 times to $15,000 of work and lastly thousand dollars the subsequent building permit during the process it was filed on the cigarette of august and issued and the permit was to comply with the notice of violation with one half bath and replace the walls in the garage with two doors with the fire rated door and remove the kitchen the value of work on that permit was $26,000 during the process of approval on that permit the penalty was put on for 9 times on a value of 5 thousand dollars
on the totals penalties assessed by dbi was for one thousand $4.01 that is where we're at here and i would be saying the penalty that dbi wants the 9 times penalty to stay i did not get if the gentleman that owns the property did the work i'm not clear but i certainly seems fair enough the penalties was fair and if, in fact, they got a reductions of 15 thousand to 5 thousand take that 66 percent of penalty over $3,000 from the penalty stuck so i'm available to answer any questions i think if i have to expand. >> the penalty mentioned
nothing about windows. >> that's a separate issue. >> they're not clear if they need a permit to pay so some appeal the penalty for the work that i mean windows with regards to the windows needs a permit and obviously the building of the unit matters i'm not sure if this gentleman was responsible for po that but owned it since 1996. >> his statement says he didn't do the work. >> he didn't. >> that's what his statement says. >> our permit if it is done by a previous owner we'll reduce the penalty in dbi there's a code section it addresses that i don't know it didn't include the penalty by housing inspection services this which is standard procedure sometimes, people
appeal those through the deputy could directors or the chief housing inspection not sure they use it is to be honest when i'm doing these things people came in and got the permit first and did the work i'm not sure. >> a side question does an anonymous complaint trigger a certification. >> we're going by city charter we respond to every complaint and it gets assigned to an inspector do we get in no nonetheless we see a duplicate we know that is something we've looked at recently. >> okay. thank you i'm sorry other question
time. >> (speaking foreign language.) >> before march 29 i already knew the work no good i definitely asked that person to pin the wart he didn't want me to get in. >> (speaking foreign language.) >> i bought everything to painting i still fixing any house i tried to go inside to bring the wall. >> i'm sorry can i interrupt one second so this hearing is for the penalty phase it is not in regards to the tenant landlord dispute so what it is about duty the penalty imposed on him.
>> (speaking foreign language.) >> basically is there a reason we shouldn't charge him one thousand dollars. >> (speaking foreign language.) >> i don't understand why you guys give penalty for me that's why i do not understand >> (speaking foreign language.) >> because i'm online downstairs? >> (speaking foreign language.) >> i living downstairs about two years. >> (speaking foreign language.) and then when i left town nothing happen 33 and even my wife emigrated here from china she lived with us downstairs and then nothing happened.
>> (speaking foreign language.) >> i know. >> can i. >> - >> can i maybe he is confused. >> the reason why he is here and the penalties is caused because there was work performed on his property without the correct permitting. >> (speaking foreign language.) >> he also, they don't speak inclines. >> i'm sorry >> (speaking foreign language.) >> because i don't speak
everyone i don't know english we're low income family so that's why we bought this every we're low income family so that's why we bought thineveryo we're low income family so that's why we bought this gleve english we're low income family so that's why we bought this ie english we're low income family so that's why we bought thishev english we're low income family so that's why we bought this ve english we're low income family so that's why we bought thieryo english we're low income family so that's why we bought thiryon english we're low income family so that's why we bought thiyoneh we're low income family so that's why we bought thione i d we're low income family so that's why we bought thine i do we're low income family so that's why we bought this e i d we're low income family so that's why we bought this i do we're low income family so that's why we bought this >> (speaking foreign language.) >> because we don't speak worker we know to ask forgive permit since we bought a house that is having a bathroom. >> (speaking foreign language.) >> but. >> we have total 4 people we fixed that problem and lived together. >> (speaking foreign language.) >> yeah. then we pay like one
hundred dollars to fix the problem. >> (speaking foreign language.) >> yeah, we fix - yeah, we fix our wall we changed it up the wood and then we can live inside. >> okay. when you purposed the property did the realtor speak chinese? >> (speaking foreign language.) >> yes. >> so it is california state law that everything be disclosed on the properties condition when they purchased the property in the 6 it was explained to them at a time the area and stove and windows and bashl were illegal that is buyer be aware.
>> (speaking foreign language.) >> we don't know because we don't know english so that's why when we bought the house i don't know exactly. >> (speaking foreign language.) >> 33 and then we fix the problem and right now your giving me a penalty right now it is unreasonable. >> (speaking foreign language.) >> because of that like the little mouse coming through we tried to fix problem. >> (speaking foreign language.) >> yeah, that's example we try to fix it and - and then people tells us you fix it and looks
like it is beautiful then people say maybe you try tee rent it out. >> (speaking foreign language.) >> so this is the fact. >> (speaking foreign language.) >> yeah, because we tried to fix the problem and effectually we fixed the problem you guys want to give me the penalty. >> (speaking foreign language.) >> yeah, because we have inside we tried to fix it we just want to live in our home. >> (speaking foreign language.) >> we don't know we need to get a permit who can fix it we don't know english that's why we bought. >> house. >> sorry do they have any children. >> children. >> (speaking foreign language.) >> yes.
>> we have 3. >> do they speak english. >> (speaking foreign language.) >> they were - >> (speaking foreign language.) >> they were born here but they a lot of times they were very, very young they go to school. >> all right. is your time up. >> one is in sacramento. >> their college age at this point. >> (speaking foreign language.) >> some say all right graduated and some is in school. >> thank you. >> we need to pay the tuition fee. >> can i ask the name of the other speaker please in the other speaker. >> (speaking foreign language.) >> if you could fill out a card for her that would be helpful a
speaker card the little card thank you. >> sir, is there still time or is it finished? >> are you done are they done speaking to the board. >> (speaking foreign language.) >> that's all yeah. >> we still need to pay for the tuition for our children and then you want to give me the penalties you can that is unreasonable; right? >> (speaking foreign language.) >> yeah in san francisco a lot of people living like this asian and a lot of people are low income families. >> yeah. i feel it is unreasonable yeah.
>> (speaking foreign language.) >> yeah, because in person right now they shouldn't he was a chiropractor he come to our place twice to ask for living. >> thank you your time is up. >> inspector duffy a rebuttal? >> sorry commissioners not too much to add it appears someone acted to get the permit the description if there were a sets of plans that would have been better for the agent to pull the permit and explain that better to them i'm not sure the total fees 2 thousand plus the penalty is only one thousand they're making one hundred dollars
they're appropriately assessed so it is difficult with the understanding the vision and is penalty i'm not sure that everybody they understand it but it says someone acted on their on behalf of to comply to the notice of violation so i don't think it is those folks maybe if that person had of been here. >> that was the $10,000. >> sorry. >> possibly. yes. your probability right. >> may we ask them the owner who i agree - >> may we ask them who is professional who that was that
might have been easier. >> i didn't say it was the second part as i said the discussion somewhere along the line 9 times reduced to someone had that discussion with dbi we don't do that nonetheless you come in and sit down and have that conversation. >> so it's been reduced already. >> i saw on the housing nose on complaints there was a reduction from 9 time to 15 to 9 times and 5 i don't think that was those people but who was getting the permit. >> i believe the patents son that came to file the appeal but not able to attend oh, sorry. >> he's here. >> (laughter). kind of too late >> are they're questions for
him. >> can you step to the podium please. i wish you would have dove in there earlier, you heard the explanation they're basically here because a certifying so we listened to for the last 20 minutes is a tenant landlord dispute. >> i saw the drawings i put everything i did that because my parents couldn't afford an architect. >> a couple of questions so when they bought the property the in-law unit was present correct. >> based on the case i don't remember what they told me is what i know. >> what it rent during that time. >> no, it was not. >> vacant the whole time. >> my mom's mom came from
china. >> this was the first time that was rented with that tenant and yes. >> and your tennis to remove the illegal unit. >> yeah. they can't afford they spoke to 3 contractors i spoke to them and they gave us bids from 60 to $100,000. >> do you know because of the new legislation that was enacted of october of 2014 i can add a non-common but once you roach you it you can't readd. >> my parents can't say take out a loan we attempted to fill out the legalization form but due to the cost and that we have to hire an architect i cannot do
the drawings and have to hire another contractor for electrical and one more plumbing and one inform some other things it is too expensive. >> the other thing looking at the paper paperwork that was submitted the department of building inspection has reduces is penalties i understand your parents are limited english when they purchased the property in the 6 their realtor spoke inclines at this point it it was dlordz that was an illegal unit and if it was not disclosed you should bring up that paperwork with that realtor. >> i tried to do before i tried to get the drawings we have this report i attempted to pull when i tried to pull the report you can't read it, it is for the legible at all what i
looked at the drawings that was a 27 unit apartment. >> anyone else have any questions. >> please state your name for the record. >> kenny wang. >> commissioners unless other questions commissioners, the matter is submitted. >> i guess i'll start unfortunate situation we are now going to lose oath affordable unit in the city but i think that the department of building inspection looking at the paperwork has bebeen very fair in their estimation of the fees that were charged unless other comments the amount is a fair. >> i'll probably disagree with that a little bit the history of our decisions in
these types of cases normal from the property owner did not install it then we give them some latitude and break on this the question in this case is that i accept what they said in terms of not renting it for that many years they started to rent is that created other issues for them so there was income generation but since they didn't do it i'll recommend perhaps we reduce it to 5 times instead of 9 times. >> i agree with commissioner fung question. >> move to grant the appeal and to reduce the penalties to 5
times. >> that's 5 times the permit fee on the commission motion to grant the appeal and reduce the penalties to 5 times the permit fee on the basis it was done by a prior owner. >> yes. it is based on the reduced valuation permit fee. >> the reason for reducing it is what i'm asking. >> yes. mr. duffy you want to correct any math? >> sorry commissioners just normally the penalty is 9 times the penalties of the work performed we'll reduce to 5 times not the permit fee the proper you know there's fees that are correctly assessed. >> that's correct. >> so it is 9 - 5 times the penalty. >> yeah. on the penalty yeah.
>> so commissioner fung i'm asking for the basis of that reduction the reason. >> on the basis they did not create the unpermitted work. >> i notice one more thing to the presidio's that i heard some financial stuff being spoken they can't afford it this work needs to get done to contrary the notice of violation or more costs there are will be a hearing and assessment costs i hope maybe i can pertain that to them but it is important they follow through and get a final inspection so it didn't get more expensive. >> can we, huh? - can you give us a calculation from the penalty is currently sitting at. >> one thousand. >> one thousand. >> so this will approximately
go 6 hundred. >> yes. >> be clear on that i agree with our advise and given there is their son is in the room and he seems to be an intelligent young man and does things i don't know how to do i highly recommend he provides council to his parents with our good advice and speak to the son. >> okay. >> who will understand. >> thank you, commissioners. >> we have a motion from commissioner fung to reduce the penalty to 5 times of the value performed commissioner president lazarus commissioner vice president honda and commissioner swig okay that motion carries move on to item 6 appeal elizabeth sale and matthew versus the department of public works on ninth avenue protesting
the network of inc. for a wireless box for a construction of the wireless facility that was heard on october 7, 2015, and continued by the board to allow the time for the notification materials and commissioner president lazarus i was going to ask if you want to hear from the department first and hear from the presidio's and the appellant. >> yes. and so starting with ms. short. >> are the appellants here. >> i don't know. >> are the appellants heeler ms. sale and mr. gaffe new. >> good evening carli short public works i don't have anything to add i'm available to answer any questions well, i duo have one thing to add we have proposed a revised order that
would require notification on both those in the future we felt the proper notification was done in this case i'll be happy to answer any questions. >> was it the materials. >> they provided. >> i'm sorry. >> it is - >> yeah. okay. >> thank you. >> okay and congratulations again. >> mr. fineman. >> 3 minutes. >> hi - good evening madam president and honorable members of the board of the appeals i'm martin fineman on behalf of the castle west known in the paperwork and a as the network of california and that entities it the permit
holder the permit was properly grandstanded pursuant to article 25 of the code and the regulations under that implementing that part of public works codes as you may know the protest was filed and heard and denied and final approval was given of this permit and an appeal was taken up a few weeks ago as ms. goldstein mentions and the matter put over for today to allow the department of public works to submit prove that proper notice was given the department of public works did provide that documentation to the board on october 13th 2015 as to the merits of that case, i would note i guess it's been noted the appellants are not presents that is consistent with the fact that although they
filed an appeal not a brief in support of the appeal prior to the last hearing nor in other papers in between the only ground that was mentions in that one-package document the original notice of appeal was concerns about radio frequency emissions the board is aware and bryan indicated to the board singles the prior hearing at the time of the prior hearing federal law and specifically refer to section 332 of the title 47 of the u.s. code part of the telecommunications act forbids the city and/or county or state to deny the permit for the wireless facilities based on any concerns regarding radio frequency emissions moving of moving beyond that castle
conformed with the city's requirement regarding the emissions as you may know from the record a submit to the report from a qualified professional engineer the facility compiles with the standards it does see and in fact, the maps allows the emissions on one percent of accountable frequency because of notice issue that was on the boards minded was addressed i object to speak to any questions that the board might have. >> okay. >> anyone here on behalf of the appellants? >> seeing none, any public comment on many item commissioners, the matter is submitted. >> >> question for ms. short. >> i assume that was one of
the accurate permits. >> that's right. >> thank you. >> well, i'll start ought to be consistent i think that the permit was issued if error and equipment on both poles and radius should ethics commission have gone out to one 50 radius of both locations the department reflects the first one. >>was issued in error. >> is there a motion? >> what would it be? >> remember back to the definition of what required
notice in the type equipment they said that the what was it the - charge or something didn't have to be noticed. >> it was ambiguous regarding the equipment that on one pole they felt it was only specific - >> units. >> a battery. >> battery pack yeah. >> yeah. >> so the primary equipment those was on one pole. >> so far as i am concerned, it is one pole. >> can you help me director. >> you're asking to grant the appeal and deny the permit on the basis the notice was defective; is that correct. >> thank you. >> then we have that motion by the vice president commissioner
fung no. >> commissioner president lazarus. >> no commissioner swig there's a vote of 2 to 2 on that motion so that fails bargaining any other motions the permit will be absolved by default. >> do you want to carry it over for additional - >> commissioners will not make a difference only 4 votes to the motion. >> sorry. >> okay. >> so move on to the next item appeal rosemary versus the department of building inspection with the planning department powerful protesting the issuance to gregory and ann of an entertainment commission
permit to construct changes to front stairs and reconfigure the stairs to stairs of landing the hearing was held on july 2015 and on for further consideration today, the matter was continued to allow the permit holder to prepare the consolidated plans and commissioners those plans are in our packet and my understanding is the party have reached on agreement noted 100 percent sure but representative from each side to step forward and address the board on the agreement they would like you to help them do yoadopt. >> hi my name is matthew representing gregory and ann can as of this week we came into a
agreement with rose on a couple different items regarding this permit we've consolidated the plans reviewed them with a couple members of planning including scott sanchez and come to an agreement of the restrictions with rose and as far as we understand we're in agreement on those aspects the primary thing is just making sure that dpw reviews the stair. >> good evening. i'm rose the property owner on fifth after the adjacent property we did review the plans and have a plan i believe that meets the city planning requirement as well as my moaning own a concern about the as built stairwell it
encroaches on public sidewalks so the reason for the asking dpw with whoever the appropriated agency within the city planning or inspectors to look at before the plans are updated to make sure no improvement on the public sidewalks as in the stairwell and as noted the plans upon the plans, however, i do want to call out in may of 2014 we did also agree upon a set of plans the concerns were brought up in the last appeal hearing was that the execution of those plans did not conform to what was in the plans in terms of what was built was vast different than in the plan and covered in great detail at the last hearing the important point wife agreed on a
plan and time to make sure we execute those plans and the only caveat to the plan to commence the work to make sure that stairwell was positioned now is not on public space. >> thank you. >> and thank you for working things out. >> this agreement is based on the plans submitted to us? >> yeah. >> i want to ask the first speaker provide us with a speaker card so we have your name shall we hear in the department mr. sanchez anything on this. >> scott sanchez planning department the department has no problem with the revised plans revised plans are code compliant and not
being built according to the plan we expect what was matched with the plan and be informing with the code and plans and in particular the issues related to the permit of the doorway it should be built and if that is the cased we'll be okay. >> thank you mr. sanchez. >> mr. duffy. >> joe duffy dbi i did have a discussion with respond that he dbi current member someone representing the permit holder and the encroachment on the sidewalk came up that was something that the dpw will deal with it is into the public sidewalks the permits got reviewed by at finally by clinton a ground checker and
have inspectors if it is encroached dpw will have an issue. >> is there a notation for them to be aware. >> the plans were inside the property line not anything on there but dpw signed off required prior to dbi so dpw will need to sign off prior to the dbi board of directors on the main permit in 2013 an issued permit not signed off yet i'm not sure but the appellant could let dpw know that there would be potentially an issue okay. >> so what i'm hearing is that the current as built stairway was not to the built but has been built is currently
encroaching on the public right-of-way. >> that's what their claiming. >> so what do we do formally or who does it formally to make a request to dpw to do a survey to share assure that the current as built stairway is not encroaching on the public right-of-way. >> it could come from dbi or the appellant. >> what is your suggestion because your objection before and what kind of rank my bell a little bit was note earlier and that is the it was kind of ran glad building the plans were one thing and the structure turned out to be something sixth
different so we had the option i believe to ask the owner of the building to tear the whole thing down so i think it would be appropriate for us to assure on behalf of the appellant and the neighbor that one it gets built according to plan but two we request proper action to make sure that dpw does a survey to protect public interests. >> that's fine i believe that the plans are i believe showing all the work within the property line but we can certainly i mean dpw needs to go out and inspector that before dbi those are most permits with garages and part of progress and
probably i could take it upon myself to contact the gentleman and make sure that it was - as strong inside the property line and not on the public way there may be a way to allow that i mean a matter of encroachment i don't know that is not example they got approved. >> i would feel for comfortable the board is protecting the public interest by insuring that when something is built at and according to plans and according to what we approve and did not invade the public space and i totally agree yeah. >> i would add the following commissioners that the weather action this board takes if it is
acceptable to this board then those documents would not have to be that any type of motion to continue with the permit and to its finalization the permit documents that are included shows within the property line yeah. >> i'm only addressing the one issue not the issue of whether it was serial permitting or something else that was going to be determined by dpw they still have to sign off the other issue of whether conforms to the document now, some scrutiny brought to that i have no comment on whether the issue of renegade buildings is
an issue. >> okay. thank you. >> the most. >> first any. >> sorry. >> that's okay. no public comment and you have a last comment or a question. >> yeah. >> we did actually ask the permit holder to include the as built drawings they denied that saying that was not required for the permit to be approved by city planning so i don't know from the prrlz has the jurisdiction in terms of how this plan is executed we have reached terms and with all due respect we've tried to engage him in the process that led up to the structure of this today so i guess the real concern i have as the neighbor and the public just whatever we need to
do to insure that the plans and permits are executed in terms of guidance or oversight from this board and we do have additional photos we didn't include another piece was not to be submitted but i think the other picture in the packet clearly show a clear possibility what is already there not in conformity with the submitted plans. >> again i'll ask from the board to know how they'll provide oversight or make sure that is executed correctly. >> island i'll add the department of dbi will have the responsibility to make sure that is conforming to what is submitted in not conformed then they'll have to file a permit
additional be repealed and jurisdiction maintained by this board okay. >> question. >> so if you wish to adopt this request from the parties you'll have to grant the appeal and issue the permit with the revised plan and state a reason because the parties have reached an agreement. >> sounds good to me. >> is that your motion. >> that's my motion and to be specific this is the revised plans october 21st, 2015, on that motion by the president commissioner fung commissioner honda. >> commissioner swig thank you very much commissioners that motion carries then item 8 has been continued to november 4th so we're on to item 9
versus this zoning administrator the property on 650 protesting the issuance on september 23rd of a letter of determination the current legal use is a two residential building not established at the property we'll start with the appellants 7 minutes to present our case weather is going to speak step forward. >> good evening. >> i have 650 i've been having a meeting since 1989 been there forever as far as i, 3 rb one flat and one commercial i want to make sure this is i want to continue with the same thing we check on the paperwork
was something diflt different i want to make sure we stay commercial and community facility and continue with our meeting place. >> that's what i'm since we've been using it since 1989. >> do you have a business permit indicates that you've been urges that capability. >> i have the leases for the tenants they didn't have the business permit i didn't follow but my own permit. >> who is in control of the space under discussion are you the owner and do you control it in that - >> i'm the owner. >> you're the owner. >> yes. >> does anybody lease it for a business purchase. >> yes. >> so ask there any permit
that it is leased for the and there is a permit as a business. >> i have the lease what they rents it for . >> is anyone representing our tenants here this evening. >> i have the letter they were renting for all this time. >> okay. thank you. >> if you want to see the leases but i have. >> okay. thank you. >> you provided copies of that are you finished with our presentation ma'am. >> do you have anything else. >> mines the room in the back and the upstairs and the commercial in the front i'm confused on the what i have it in the city i want to fix it to continue to use it commercial the fronts community facility either with the backroom or without the backroom the
commercial and the upstairs house the flat. >> thank you. >> you've owned this. >> yes. >> for a long time and yes. >> did you recollect ref the two notices talking about non-conforming commercial sent to you by two different zoning administrator's. >> we never saw anything no paper nothing this came to our way to know. >> but you've eendz this property. >> we've owned this property for a long time yeah. >> 7 or 8. >> thank you thank you. we kept using it as commercial we didn't know. >> thank you and you can take those papers with you. >> mr. sanchez. >> thank you scott sanchez planning department
i think the facts in this case are clear we outlined them clearly in your letter of determination the subject property was originally a single-family dwelling above ground level commercial the space was a non-conforming use with the provisions the blood the planning code in 19 that 8 the planning department and mr. steel sent a notice to the property owner of the termination date and the status non-conforming status was termed in february of 1993 the then zoning administrator issued a letter which has the materials regarding the building permit and the letter states the non-residential space of the ground floor can't be retained it was expired and the letter states the property is for
residential dwelling units in an rh2 zoning district that didn't permit the commercial use the ground floor area can't be used for a commercial laundry and dry sclaern or other industrial uses and that was approved and issued to legalize ground floor a second dwelling unit on the property in addition to the building permit that was substantially renewed and completed a notice of special refresh my recollection was recorded on the deed avenue property by the property owner stating that the legal use of property was either a two family twenl this was recorded in the assessors officer by the property owner on the deed of their property preempting restricting and noticing the use is only a two family typically
with no commercial use again recorded by the property owner on the property so under the planning code under the building permit the notice of special restrictions a illegal a two single dwelling they're seeking to remove that whether or not it was used as a dwelling unit over the years but they're seeking to remove a dwelling unit through their actions and restore a commercial use where one is not allowed to exist so it is clear we have the documents that were submitted and i'm available to answer any questions thank you. >> they're asking to remove a dwelling unit or add a experimental to two dwelling units. >> based on the arguments this is only a single-family dwelling no this of. >> no, no my question is she
brought up alternatives she could go to one with between and one commercial unit i wasn't sure whether this meeting room occupied the entire ground floor or partially. >> the property owner a can explain that but there is no local use of community room that was noted in the zoning administrator's decision in 19933 that building permit in the review we don't have evidence of that legally on the ground floor. >> mr. sanchez how do the that come about a complaint. >> the gentleman requested a letter of depreciation that was unifying provoked by your department. >> what did you ask for . >> we respond to the letter of
depreciation and issued the letters with the facts and attachment dozens of pages of them and that was appealed to this board. >> a followup question enforcement so f currently non-warranted non-used what happens if they continue to do so. >> we'll pursue enforcement double check our file not an actual complaint at a time yeah, we'll then pursue enrollment. >> what would be the enforcement. >> their had been two enforcement cases on the property relate to unpermitted fences so nothing related to subject use and the enrollment process will state the legal use it a two go family typically they need to restore that and
we'll pursue the enforcement that results to penalties up to $250 a day. >> thank you any public comment? >> you have rebuttal please step forward. >> i have one flat and the commercial downstairs and everybody in the secession inspector know me and my plays and it has been there a long time 27 years and never stopped me we want to continue to use the community facility thank you and i appreciate your understanding it has not been residential only commercial i want to continue commercial you like to have more residents i could add another one i want to keep this one as a commercial i hope your understanding i'm helping the community too. >> i have a question the
zoning administrator received the special restrictions you filed on the property do you recall those. >> notice of special restrictions maybe. >> when. >> 1993. >> which kind of a special restrictions. >> concerning the use of property. >> no, i don't know anything about that. >> well, you filed. >> what we understood the backroom and bath could be used as a unit and the commercial commercial so we have 3 that was said and he fixed it and we continue to use is that way all those years. >> a residence on the first floor. >> room and a back and that will be - >> so it is a room and bath no kingdom kitchen. >> we're going to use it as a coffee area like an office.
>> ms. goldstein will share this notice you don't recall. >> i have a question perhaps of the council our one lawyer is not here and a lease will not be described a lease you said you lease with someone. >> not necessarily a contractual document. >> so notice to a party's all right. thank you. >> the business license would help but that's not disputed that would be helpful. >> it is independent of the site. >> no, i think they only indicate a use that was in place not necessarily that it is
illegal. >> right. >> the paperwork for the record or the what he explained to us in the room in the back we could use it as as upstairs unit we kept on using it and everybody knows about it. >> thank you. >> okay is there more times left sir, you can speak. >> good evening thank you for this opportunity state your name for the record. >> we didn't they especially\change the style of the building that front so the empowering is the same way since 20 or thirty years ago at the time they pulled the permit a problem in the plumbing and probably pulled the permit to fix the plumbing in the backroom they had to fix something that was why and
someone explicit inform them or not clear the signing the paper maybe shift the way this property works if you look at the property it looks like commercial front ends we're not interested when they bought the property at the time thes they knew that was commercial that's the purpose of buying it they don't intend to open a grocery or restaurant to each year e keep it something to do with kids they're not interested in making a brick and mortar business at this point thank you, ma'am. >> mr. sanchez. >> any rebuttal. >> thank you scott sanchez planning department so 1992 permit shows the entire
ground floor as residential no commercial use at all the notice it it special restrictions is very explicit to that of the ground floor the entire ground floor being residential the property owner has innovates indicated otherwise the 3-r report are generated at the time of sale that's a code enforcement they've owned the property quite a long time they've said they have a 3-r report i've not seen that there has been more half a dozen permits since the 1992 and all say 2 single-family dwelling the facts are clear in this case that is legally a two family building and based on this is no commercial use the legal commercial use was termed and
subsequent to that the permit was sought to establish the between on the second floor as allowed by the zone and they accident see and filed a notice of special restrictions the property owner name in the document and yeah that's all i can say. >> mr. sanchez ii should have disclosed i went online to do a 365 and across the street is a building that looks like this and it looks like a commercial grocery store why is that why was that grocery store do you think allowed to continue as the whole neighborhood and my understanding and my reading was rezoned to for bid that same thing. >> the planning code does allow for certain limited
commercial use to be remained those are less intense retail used ligrocery stores so it is e limited provisions of the planning code that's been operated consistently and never sought a permit to convert it to the between in this case. >> the key phrase in our response to me serve the community which seems to me a thought which is being offered by the owner of the building and what their intent to serve the community it also when i'm hearing also is that there was work done and the proper permit was initialed a contractor who is doing the work advised someone that was misinformed to sign this
document here and give up all and clear you know that you're giving up the rights and then low and behold a decade or so later the property owner and i'd like to know why spontaneously wanted to clear the or make educators on the use they files a piece of paper they're being pushed. >> what about the prior notifications and that's the hard part. >> a question for the da. >> in terms of neighborhood serving uses that a legally a between that is a neighborhood dwelling use on a daily basis
basis losing dwelling units so i think that serves a reasonable function also in terms of the property owner sought a permit in 1992 that permit had on it establishing the legal use of ground floor as a residential use the notice of special restrictions is not something counter signed and they have to go personally to the assessors office to record on the deed of property those conditions and pay a fee to do that typically so i think there is a process involved certainly the property owner can say whatever they're saying to you at the board but the fact are very clear about what has happened this is a legal unit as part of housing stock they're seeking to remove that and what their thrilling
their goal to have this great neighborhoods serving function there's no permit before you to do that they were seeking to have that dwelling unit be removed be expunged from the record and at this point what any commercial use allowed will it be considered a limited use cafe maybe a usable the building has historically had uses the appearance in that case this is not thinking common in san francisco in some cases people that take the uses and converted them to residential unit and a terrible persistence or preepsz to say someone went through the process decided they said or don't want to go through the proper process section 317 they can go ahead but not back to a commercial use this is a zoning
district that doesn't have a lot of commercial uses i appreciate your clarity and your instruction and education of for me understand totally and clearly so - if they wanted to file if they wanted to sustain that as a non-brick and mortar that is their terms retails use that is a cafe or anything but in - in fact, they wanted to establish it through the filing of that 317 a non-permanently non-retail
use a. >> but with conditional use authorization they could seek the conditional use authorization to have a legal use as part of that seat to have the dwelling unit removed. >> if we deny their appeal and they want to pursue that direction that would be the direction they will take not a closed book they still have the tubtsz to go back and be clear
and specific non-retail use under the umbrella of a church or temple of a community-based situation. >> absolutely to declare a better determination responds to a specific question asked they especially\ask how they could establish an institutional use of property they i think the letter that was submitted had been in the absorption they were a limit commercial use and could restore as a commercial use we clarified that in our letter. >> i punishment are appreciate our education of me and your advice and actually mr. sanchez. >> this boardunishment are ap our education of me and your advice and actually mr. sanchez. >> this boanishment are appre our education of me and your advice and actually mr. sanchez. >> this boaishment are apprec
our education of me and your advice and actually mr. sanchez. >> this boashment are apprecir education of me and your advice and actually mr. sanchez. >> this boahment are apprecia education of me and your advice and actually mr. sanchez. >> this boaent are appreciate education of me and your advice and actually mr. sanchez. >> this boant are appreciate education of me and your advice and actually mr. sanchez. >> this boat are appreciate o education of me and your advice and actually mr. sanchez. >> this boa are appreciate ou education of me and your advice and actually mr. sanchez. >> this boaare appreciate our education of me and your advice and actually mr. sanchez. >> this boare appreciate our education of me and your advice and actually mr. sanchez. >> this boae appreciate our education of me and your advice and actually mr. sanchez. >> this boa appreciate our edn of me and your advice and actually mr. sanchez. >> this boaappreciate our edu of me and your advice and actually mr. sanchez. >> this boards advertised a lever of determination overturned not allowed for use right. >> yes. >> in other words, it didn't the denial excuse me. the over turning of this finding didn't grant them necessarily the commercial use but has to go through the process. >> this is not an action, an is before this time but hospitals dwelling units depending on the boards decision if it finds this is legally not two dwelling units they will need to come in for a building permit to show it is two dwelling units and you know we'll have to go through the process we will want to consultant with the city attorney's office the best way to proceed and whether do a dr because the city's records shows
it as two dwelling units. >> i understand all that i'm saying they're still additional process. >> yes. but i mean certainly i don't know what the basis of boards decision or direction. >> that's neither hooerl. >> to approve a permit that show see that is legally a use we don't have on city records? >> i don't know what the expectation of the board to make a decision to overturn the recommendation and what it would be. >> i don't have any i don't intend to go that way. >> (laughter). >> he knows if i go that way
i'll have an answer for him. >> thank you. >> commissioners, the matter is submitted. >> and just as a reminder under the standard. >> i'm prepared to make a motion. >> move to deny the appeal on the basis that the zoning administrator neither errored or used incorrect discretion. >> that motion commissioner fong commissioner vice president honda commissioner swig thank you that motion carries 34 to zero and commissioner president lazarus there's no further business. >> in that case we're adjourned. >>
>> i have 2 job titles. i'm manager of the tour program as well as i am the historyian of city hall. this building is multifaceted to say the very least it's a municipal building that operates the city and county of san francisco. this building was a dream that became a reality of a man by the name of james junior elected mayor of san francisco in 1912. he didn't have a city hall because it was destroyed in the earth wake of 1906.
construction began in april of 1913. in december 1915, the building was complete. it opened it's doors in january 1916. >> it's a wonderful experience to come to a building built like this. the building is built as a palace. not for a king or queen. it's built for all people. this building is beautiful art. those are architecture at the time when city hall was built, san francisco had an enormous french population. therefore building a palace in the art tradition is not unusual. >> jimmie was an incredible
individual he knew that san francisco had to regain it's place in the world. he decided to have the tallest dome built in the united states. it's now stands 307 feet 6 inches from the ground 40 feet taller than the united states capital. >> you could spend days going around the building and finding something new. the embellishment, the carvings, it represents commerce, navigation, all of the things that san francisco is famous for. >> the wood you see in the board of supervisor's chambers is oak and all hand carved on
site. interesting thing about the oak is there isn't anymore in the entire world. the floors in china was cleard and never replanted. if you look up at the seceiling you would believe that's hand kof carved out of wood and it is a cast plaster sealing and the only spanish design in an arts building. there are no records about how many people worked on this building. the workman who worked on this building did not all speak the same language. and what happened was the person working next to the other person respected a skill a skill that
?oo hi, i'm holly lee. i love cooking and you are watching quick bites. san francisco is a foodie town. we san franciscoans love our food and desserts are no exceptions. there are places that specialize in any and every dessert your heart desires, from hand made ice cream to organic cakes, artisan chocolate and cupcakes galore, the options are endless. anyone out there with a sweet tooth? then i have a great stop for you. i've been searching high and low for some great cookies and the buzz around town that anthony's are those cookies. with rave reviews like this i have to experience these cookies for myself and see what the fuss was all about. so let's see.
while attending san francisco state university as an accountinging major, anthony's friend jokingly suggested he make cookies to make ends make. with no formal culinary training he opened his own bakery and is now the no. 1 producer of gourmet cookies in the biarea and thank you for joining us on quick bites. how do you feel? >> i feel great. >> so i want to get to the bottom of some very burning questions. why cookies? >> it was a recommendation from a friend. hard to believe that's how it all started. >> why not pies and cakes? what do you have against pies and cakes, anthony. >> i have nothing against pies and cakes. however, that was the recommendation. >> you were on the road to be
an account apblt. >> actually, an engineer. >> even better. and it led to making cookies. >> in delicious ways. >> delicious ways. >> this is where the magic goes down and we're going to be getting to the truth behind cookies and cream. >> this is what is behind cookies and cream. >> where were you when the idea came to your mind. >> i was in my apartment eating ice cream, cookies and
cream ice cream. how much fun, cookies and cream cookies. their cookies and cream is not even -- it took a lot of time, a lot of fun. >> a lot of butter. >> a lot, a lot, a lot. but it was one of those things. all right, now behold. you know what that is? >> what is that? >> cookies and cream. >> oh, they are beautiful. >> yes, so we got to get --. >> all right, all right. we treat the cookies like wine tasting. i don't ever want anybody to bite into a cookie and not get what they want to get. we're training staff because they can look at the cookie and tell if it's wrong.
>> oh, here we go. >> you smell it and then you taste it, clean the plat palate with the milk. >> i could be a professional painter because i know how to do this. >> i can tell that it's a really nice shell, that nice crunch. >> but inside. >> oh, my god. so you are going to -- cheat a little bit. i had to give you a heads up on that. >> what's happening tomorrow? these cookies, there's a lot of love in these cookies. i don't know how else to say it. it really just makes me so happy. man, you bake a mean cookie, anthony. >> i know. people really know if they are getting something made with love.
>> aww >> you know, you can't fool people. they know if you are taking shortcuts here and there. they can eat something and tell the care that went into it. they get what they expect. >> uh-huh. >> system development and things like that. >> sounds so technical. >> i'm an engineer. >> that's right, that's right. cookies are so good, drove all other thoughts out of my head. thank you for taking time out it talk to us about what you do and the love with which you do it. we appreciate your time here on quick bites. i hope you've enjoyed our delicious tale of defendant 93 and dessert. as for me, my search is over. those reviews
did not lie. in fact, i'm thinking of one of my very own. some things you just have it experience for yourself. to learn more about anthony's cookies, visit him on the web at anthoniescookies.com. if you want to watch some of our other episodes at sfquickbites/tumbler.com. see >> san francisco recreation and parks department offers classes for the whole family. rec and parks has a class for
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improve your posture, balance, and flexibility. it is easy. get up on your feet and step to the beat. senior dance class is from sf rec and park. a great way to get out and play. >> for more information, good a 115. this is the regular meet ogen commission on community investment and infrastructure. tuesday october 20, 2015. welcome to member thofz public. madam secretary can you call the first item?