BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, NOV. 17, 2010
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
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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.
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(2) COMMISSIONER COMMENTS & QUESTIONS:
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the November 03, 2010 minutes.
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(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 2037-2039 Jefferson Street. Appeal No. 10-092, Banks vs. DBI, PDD, decided October 20, 2010. At that time, the Board voted 4-0-1 to overrule the denial, grant the permit, on condition that the second kitchen’s utilities be capped and maintained, with adoption of findings at a later time. Project: merge levels two and three into single unit; renovate both levels; replace all windows with double pane; revise street façade; BPA No. 2009/11/25/2147S.
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(4b) JURISDICTION REQUEST:
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Subject property at 3506 – 16th Street aka 282 Sanchez Street. Letter from Ali Faritous, agent for Ike’s Place, requestor, asking that the Board take jurisdiction over a Zoning Administrator Notice of Violation and Penalty dated July 13, 2010 regarding an allegation of illegal commercial activities at the subject property. The appeal period ended on July 28, 2010, and the jurisdiction request was received on Oct. 21, 2010. Subject Property Owner: Denman Drobisch.
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ITEMS (5A) AND (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 10-105
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CANAAN TUTORING
CENTER SERVICE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2139 Taraval Street.
Protesting the issuance on Sept. 15, 2010, to Greg Schoepp, Permit to Alter a Building (new medical cannabis dispensary (MCD) in former chiropractor’s office; minor interior alterations).
APPLICATION NO. 2009/12/03/2572.
FOR HEARING TODAY.
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(5B) APPEAL NO. 10-106
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CHINESE GOSPEL CHURCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2139 Taraval Street.
Protesting the issuance on Sept. 15, 2010, to Greg Schoepp, Permit to Alter a Building (new medical cannabis dispensary (MCD) in former chiropractor’s office; minor interior alterations).
APPLICATION NO. 2009/12/03/2572.
FOR HEARING TODAY.
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(6) APPEAL NO. 10-077
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FARID OMAR, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent
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Appealing the denial on June 30, 2010, of Ramp Taxicab Medallion.
FOR HEARING TODAY.
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(7) APPEAL NO. 10-102
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DIJEAU POAGE CONSTRUCTION, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING
Respondent
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1101 Green Street.
Appealing the revocation on Sept. 03, 2010, of Street Space Permit.
PERMIT NO. M219388.
FOR HEARING TODAY.
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(8) APPEAL NO. 10-103
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STEVEN CURRIER
& KENNETH KALANI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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116 Drake Street.
Appealing the denial on Sept. 08, 2010, of Tree Removal Permit (one tree), and the conditions placed on a Tree Removal Permit (one tree).
ORDER NO. 178,815.
FOR HEARING TODAY.
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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) Appellant’s Reply; 4) Departmental decision, order, permit, determination, resolution, or notice of violation; 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).
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).
Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: Nov. 12, 2010
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MEMBERS OF THE BOARD OF APPEALS
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TANYA PETERSON
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PRESIDENT
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KENDALL GOH
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VICE PRESIDENT
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FRANK FUNG
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COMMISSIONER
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MICHAEL GARCIA
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COMMISSIONER
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CHRIS HWANG
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COMMISSIONER
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PROCEDURE AT HEARINGS
The order of presentation of an appeal shall be as follows: In the case of appeal of denials, revocations and suspensions the representatives of the department, board, commission or person from whose order the appeal is taken shall speak first and shall be allowed seven minutes for their presentation and three minutes for rebuttal.
The appellant whose permit has been denied, revoked or suspended shall be allowed seven minutes for oral argument and three minutes for rebuttal.
In the case of protest appeals, the protestor shall speak first and shall be allowed seven minutes to present oral argument and three minutes for rebuttal, and the permit holder shall be allowed seven minutes to present oral argument and three minutes for rebuttal. The Board may request a departmental response at its own discretion.
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.
CONTINUED CASES
In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa.
As a general matter, when a public hearing on a case has been held and closed, and the case continued to allow for further deliberation by the Board, the Board will not take additional public comment. However, when the Board allows new briefing, evidence and/or testimony, then public comment may be reopened on those subjects only.
SPECIAL NOTES
The complete Rules of the Board are available for review at the Board office, and on our website.
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.
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 4:00 p.m. the Thursday (six days) 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.
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.
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 a 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 311 or (415) 701-2311.
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, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; telephone (415) 554-7724; fax (415) 554-7854; e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from that office or by printing Chapter 67 of the San Francisco Administrative Code on the internet at http://www.sfbos.org/index.aspx?page=4463.
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.
DVD’S OF MEETINGS
Board meetings are broadcast live by SFGTV on San Francisco cable television channel 78 or 26, and may be viewed on demand at www.sfgovtv.org. DVD’s of Board meetings may be purchased from SFGTV. Ordering information is available by contacting SFGTV at (415) 554-4188 and on their website.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
1650 Mission Street, Room 304
San Francisco, California 94103
Phone: 41-575-6880
Fax: 415-575-6885
Website: www.sfgov.org/boa
