Transcripts For SFGTV Board Of Appeals 11415 20151107

Wilson will be absent and brighten will provide the board with any legal advice at the controller is gary the boards legal assistant im Cynthia Goldstein the boards executive director were joined by were joined by representatives from the city departments that have cases before this board. Sitting at the table is Scott Sanchez representing the Planning Department and Planning Commission and gene that the department of public works for street use 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. Well conduct our swearing in process. We will swear in or affirm please note any member 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 please stand now. Do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Thank you very much commissioners a housekeeping matter item 11 appeal at 2518 filbert the parties have jointly requested a continuance for this to allow time for dbi to investigate the permit and the site conditions would have told you this sooner this came late this afternoon. Motion. So moved. Thank you commissioner fung any Public Comment . Moving item number 11 . Okay. Seeing none on that motion to move this 18 of november commissioner president lazarus commissioner honda commissioner wilson is absent commissioner swig that motion carries and that item moves to november 18th the nechlt it general Public Comment at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction your opportunity to address the commission will be afforded when anyone here want to speak seeing none, item 2 commissioners questions or comments. Commissioners. Okay. Seeing none well move to item 3 commissioners thats the consideration of the boards Meeting Minutes for october 2015. Excuse me. Additions, deletions, or changes to the minutes. No, if not a motion to approve. So moved. Thank you any Public Comment on item the minutes seeing none, we have a motion from the Vice President to adopt the minutes commissioner fung commissioner president lazarus and commissioner swig thank you that motion carries. Then well move toe item number 4 that is a rehearing request the subject properties on 37th avenue a letter from the attorney for the permit holder for the permit gene verse dpw decided at this time the board voted with sdmdz to deny the permit on the basis the notice was defective the project is to constrict a wireless facilities well start with the requester mr. Simon 3 minutes. Thank you. Good evening, members im martin fin man, im the hero on behalf of the permit holder which is crown castle, llc now a number of issues were raised at the original hearing by the appellants and those are not the basis stated at the time for the boards decision to uphold the appeal and didnt think or deny the permit more identified in the agenda as being the grounds for the denial the boards ruling was based on solely on an alleged lack of notice issue so the other issues that were raised paralleled in the postponements response to our rehearing our emissions and asking about next g being a Large Corporation and things like that are simply not relevant to the courts to the boards consideration and would not be a proper ground for having granted the appeal or having denied the permit so ill pass over that and address the issue that is at issue has to do with with notice in the hearing several weeks ago too aspects of notice we discussed at the hearing and by the board was has to do with with the notation of whether notice is to be given for hundred 50 feet around a pole that has antenna also one hundred 50 feet that includes the battery it is not to require noticing for that the pole the entire intention of the ordinance including the provisions has to do with with the placement of antennas and many have antenna including back up on poles and not required in those instance not the interpretation given to the notice by dpw who filed a brief in support of our request the way it was characterized that evening the notice were ambiguous i dont believe so but certain the notice that theyre acting big there is a strong rule of policy and law when a provision is ambiguous it is given the interpretation that is consistent by the Agency Charged with casing that out in this case dpw in the course of granting hundreds of permits 9 notice and provision involves the pole with the antenna and not the battery back up equipment. Thank you. If we can hear from the appellant, sir okay didnt appear he is here oh. Also have 3 minutes. Hi, thank you so i want to first of all, express my gratefulness for protecting the residents and homeownerships of San Francisco i want to thank you for your encourage and especially frank for hills encourage after our decision you gave the Community Hope the amount off people that were it was hopeless had lots of hope believed you cared about the residents and homeowners i thank you for that regarding the specific rehearing request i wrote in my document there are two criteria you used to determine whether the case should be reheard and both of these conditions are not met the first condition i spoke about no manifest injustice in this case and so that one condition is not met not remotely met the second condition is that there are no new or different materials set of circumstances none here by the conditions that the board has set there should be no rehearing oozing i ask do board of appeals to deny this and once again protect the sense of San Francisco i also although i dont think that is necessary newcomers reasons this antenna should not be approved in that particular location failure to notify the residents safeties issues and many others i wont belabor that ill end with this i mentioned previously i put the slide up again there has been a proliferation of antennas in San Francisco the increase in there it or this year alone is sterilized of antennas once again how much is too much it is way, way out of control i once again ask you to please deny this rehearing and thanks for the courage youve shown as far. Well hear from the department now. Good evening gene chang with the public works i dont have anything new to add i do want to say that department of public works supports the request for a rehearing based on the conditions on the permit different from the conditions on the tentative approval the discretionary was not identified as a basis for the appellants the difference in the permit conditions and kind of the approval were noted substantial and proper conditions included the tenant for notification in regards to the insufficient noticing for the battery back up on the second pole public works stands by the initial position the code was ambiguous on that issue, however, were in the process of amending the order to make that clear ill be here to answer any questions you may have. At this point further notification will, off both poles; correct . Looking at to get that into the amend. How much before that process takes place. Im not not totally sure that is in the City Attorneys hands. Okay. Thank you. Any Public Comment step forward. My name is john im here on a different permit i want to point out in article 25 it defines the facility as antennas and related facilities used to facilitate the provision of a Wireless Services so this means both poles should be notified no argument in any book thank you. Is there any additional Public Comment. Hello, again im jordan here on a different appeal like to voice any support for are his appeal here today, i also want to revisit the idea the law is ambiguous nothing ambiguous about that language again to reiterate the antenna and all related facilities are to be notified within one hundred 50 feet not ambiguous times since the last hearing and now part of the work the dpw tightened up the language in the article and change the basis of that is a result of comments solicited from tmobile and verizon having to do with the remarks for the effected corps that is back to lobby and tighten this language it is that work that finally is doing now the work of restricting our jurisdiction over this matter pertaining to issues of notification i want to call your attention this is not something the dpw is doing on their own but coming from interested parties Public Comment that was solicited in this case. Is there any additional Public Comment. Okay sierra club commissioners, the matter is submitted. I dont see the rehearing request matches up with the criteria in our policy and procedures. I agree. I concur the bar for manifest injustice is pretty steep not been met the permit holder didnt provide evidences that will sway that sway my motion. I move to deny the rehearing request. Thank you then on that motion from commissioner fung to deny the request commissioner president lazarus. Commissioner honda commissioner swig that that motion carries 4 to zero and move on to item 5 another rehearing on 33rd after the board got a reserve from the attorney requesting a rehearing verse dpw on september at this time the vote was to deny the permit on the basis the notice was defective the to construct a personal service ms. Fin man. Im martin fin man on behalf of with the party with the permit requesting a hearing crown castle, llc once again there was a lot of argued at the hearing and argued in opposition to the rehearing request it is simply not relevant and or is actually a topic matter that is forbidden for consideration by the cities and states in considering the permit for wireless facilities lets put that aside and focus on the basis it was this bodies reason for upheld the appeal and denying the permit the noticing matter and obviously i heard what the board said in response to the appeal matter that was bruised i would respectfully say i think this is manifest injustice here and there are different sycamores and there was error on behalf of the board with respect to the hundred and 50 foot notice thats not been the interpretation that was give to the ordinance or the regulation and doesnt, in fact, hundred and hearsay of permit were granted to a variety of Telecommunication Companies based on noticing on only antenna that hsa has to do with is wireless facility by defined by the ordinance and not per referral materials that are part of many installations by pg e and tomcast and a variety of people that cup the policies in a rightofway not the interrogation never been a requirement again to the extent that is ambiguous and continent concept in law the interpretation given by an Expert Agency should be were what is debar believed what happens since then finally is going to set forth a new notice within one hundred 50 feet that was not the reminded at the time of that permit that was granted so to enforce a requirement not there indeed is manifest injustice as far as the issue has to do with with different terms of conditions attached to the final approval for the preliminary or tentative approval that is not a noticing issue the notice was the tenors or terms and conditions attached to the tentative approval and dpw and others made a minor request granted over and over and in dozens of hearings to sync of u up the final approval what was given in terms of noticing the conditions for the tentative approval with that, ill ask you to grant the rehearing. Thank you. Well hear from the appellant. Good evening, everybody okay. Im going to show some more evidence on the notification. State your name for the record. Im cammy. Okay. Okay. This is a bigger hole they didnt notify all the residents to this pole and also final even the antenna pole they failed to notify the residents the one on marketrate it is a corner lot they i have the signature from the residents this is all the the residents they say they dont receive any, no, sir, and the second thing i want to show last time we mentioned on the consent of that notification should have those simulation and also the antenna for the protest and the procedure for this protest the comcast attorney denied it question couldnt produce the evidence this time i bring a notice i took from the this is from telephone pole they didnt have any filth simulation okay. This is the only one i took another areas i took to show other streets they didnt have all the photo simulation they violate this content of this notification based on this ill grant ask you to deny deny the hearing appeal you know thank you. Thank you mr. Chin. Gene chin public works. Again public works doesnt have anything new to add to support the request for a rehearing the appeal was granted on the basis the permit deferred on the tentative approval the discretionary was not identified as a basis for the appeal by the appellant, and, secondly, in regards to the noticing for the battery back up pole public works stands by pits initial position that it was ambiguous and i also want to add the order is being amended due to the need to clarify the requirements based on issues that have been brought before the board thank you. Mr. Chin. Yes. The previous person from the public stated no photo simulation on the documents that was attached to the poles is that a requirement of article 25. Let me check. Okay. Take your time we have another case like this too. Okay. Commissioner i think you were saying youre youre willing to have an answer you, you if you want to wait until after Public Comment that would be fine too. Any Public Comment on this item please step forward. Im johnston gay this is should be very clear in article 25 a notice by mail reminder required to give anyone residing workplace one hundred 50 feet of personal wireless facility and then we get the definition of the wireless facility it is as antennas and related facilities used to provide or facilitate provision of personal Wireless Services if you look at the law you shouldnt have to amend it both poles should be notified. Any other Public Comment . Hello, im isabel im speaking on behalf of our community it is really eir resist before it was not required and all the companies didnt do that matters that the whole use of notifying so the community can state their stand on whether or not that is something we will be useful i think that without that notification to i dont see it is okay to it is not notified weve said allowed no enough that is a precedent setting case because that hadnt ever had one box now this is the device that is the last straw that broke the camels back both poles and neighborhood have been oofkd with energy seeking equipment that we have to say no, we cant have any more or cant handle that poles are crying out and the people without notification we have to find a better way to relay our services that is 21st century problem then using 200 year old power poles that were designed to transmit power for the needs at that times need to go back to the drawing board and find a 21st century solution how to relate power without driving on the ancient system that was a wise man that lived many years ago he said you cant put new wine into the old wineskin into the old vessel i think that is useful for us to remember now i also want to say we resent the language that castle crown used to ask for this rehearing we think they were patron ingress and condescending they were arrogant and devious in one sentence they said crown castle has carefully well that he alluded to the fact they were doing it to benefit the community they would realize it not to benefit the community we want them to realize that and thank you. Thank you if you could fill out a speaker that will be helpful is there any additional Public Comment on this item. Hello, again im jordan speaking on behalf of the neighbors an 33 avenue i support their request here i want to say that maybe this is the straw that is breaking the camp he lives back actually totally irrelevant as crown castles attorneys said this ground is not used in literally hundreds of permits by dbi this doesnt matter it matters if it is applied to this case i want to put one thoughtout there as a community as a citizeny here i feel like the only way to be notified what is going on with the poles and with the sxhaugs of new facilities is through the notification vehicle of article 25 therefore the only way we know someone planning on putting a wireless box happens on the conforming of article 25 it is allowed by dpw and green lighted in our only grounds of defense is article 25 the terms are narrowly narrowing and narrowing through the utilization of this provision i want to call your attention it feels helpful were constricted to have our argument within a narrow range of possibility that narrow rage is essentially a negotiation between an Interested Party in the city so thank you very much for your time. Any Public Comment on this item . Seeing none, mr. Chang are you ready to come back . Gene changing yes photo simulations are required. Does the city check any of the notifications regarding crown castles. Yes. We do and i believe that i remember that those notices went out with photo simulations you can check. On the poles no version from the city it is expected that the company will provide them. They post it and give us a photo of the posting. Okay. Great. Thank you. Commissioners, the matter is submitted. Anything to add from the last discussion. No i dont think the threshold has been met move to deny the rehearing request. On that motion from commissioner fung to deny commissioner president lazarus commissioner honda commissioner swig that motion carries item of rehearing request at the subject property on 35 after a letter if martin fin man for the appeal verse dpw decided at this time the board voted 4 to one to deny the notice it was defective from the california inc. To construct a personal wireless facility. Again, im martin fin man of, llc on behalf of the are permit holder, llc ill stress once again a variety of issues that were raised pe at the prior hearing that was received from the appellant that go to issues that are not relevant to the bodies consideration of the matters this evening and, in fact, are forbidden from consideration by itself city and county and the stats the focus on the issues before the board weve convincing shown there is manifest injustice and there are circumstances that are present it is really inane injustice and unfair to this permit holder and any permit holder to retroactively apply a new set of standards not applied and contrary to the noticing that have been consistently used and grant many have been uphold in the appeals that truly if this isnt the dpngs of manifest injustice im not sure what is as far as and sort of the lynch pin is the fact that the boards believed there was ambiguity and dpw has now regulations that for the first time require the notice for the commit not noticing that has been applied to in the past that is fine Going Forward if indeed that regulation is adopted but in terms of applying such a new york with hundreds and hundreds of grants based on the boards the departments interpretation i think is a manifest injustice as far as the other noticing issue raised over and again namely the final depictions of approval in a material way in the conditions that were with little tentative approval small issues of this nature are properly corrected over the course of denying an appeal and this board over and over and over and over none was mislead or deceived the notice that went out the conditions attached to the tentative approval not the final approval so dpw and my clients request we sync those up is in favor of notice and catering the notice that the neighbors received so and then the final point i think that dpw has indicated the different what color it should be painted is entirely immaterial. Could you please state your name. Yes. On the previous case someone brought up the material it lacking the photo simulation aspect of that. I think. Is that required. I do believe our to include the photo simulation the contention that someone month after the fact or whatever so payroll pulled down the notice off the pole and finds pages missing not relevant im not suing but that is an argument in many of the hearings that someone we have to give mailed notice and someone said i didnt get a mail it maybe gods truth they dont remember or pages missing from when was posted during that time we know what were supposed to post. Okay. Swearing we didnt provide the photos. Generally how many sheets of paper on the pole. Oh, my goodness about 3, 4, 5 is that 3 separate or one with a staple and taped. I dont know specifically if you saw what the gentleman had in his hand but a slip sheet. So someone has the ability to remove them them. Someone that is separate pages and in the plastic slip sheet. That answers my question thank you. Mr. Fineman i sit here and youre talking about manifest injustice and it remembered me of an argument with a cop as i got a ticket for returning a stop sign i said you know ive been through e rolling there that go at the scene for years and never got a ticket. laughter and therefore i claim manifest injustice because your giving me a ticket just because youve been getting our way and rolling through the stop signs for several years didnt mean it is manifest injustice it means that there is accountability being served in my opinion secondly, in the previous case which i didnt bring this up but now the opportunity it is written in the brief by the appellant that finally is going done the community by not verifying the notification in article 25 heres the key point and by essentially taking the word with the no the word of the appellants and rubber staging the approval of those permits the keywords rubber stamping in ever there was manifest injustice it was done to the neighborhood here by yourselves and or dpw by the practice of rubber stamping where you know the red, white, and green of north beach was used you know in the sunset and has gotten to this is manifest injustice. To the neighborhood and i dont think that what is happening here accountability and were holding accountability for not giving proper notice were holding accountability to putting the wrong information on that notice so you know the cop is quentin e finally going to give a parking ticket on the last two item is just. Im happy to respond to that. You made two points one the anything else of rolling there a stop sign maybe you got away with that but there is no question that is in violation of the law here we believe the notice violation are clear it only requires notification from one hundred 50 feet if the pole it is ambiguous and also xhutsdz one hundred 50 feet from the battery back up pole that is a different circumstances not i was rolling introduce a at the scene for years and getting away with that it is a different situation the most can be said in an argument that is ambiguous and what weve done is weve gone forward two the consistent interrelation not just our interpretation but the interpretation of the city that has given to us and ever other wireless carrier out there with the verbiage of the ordinance and consistent with the regulations and consistent with the hundreds of time practice of by dpw and let me stop you there if thats the case something in article 25 that says antenna only. That would be a yes or no. No. Okay. So the rolling at the scene is very pertinent to this situation. I dont think so but this is the wireless facility ordinance what it has to do with not has nothing to do with everything on poles the battery backs up all kinds of companies do it no noticing requirements so the answer to our precise question is no what is the orientals about giving notice of wireless antenna facilities yet not have miscellaneous electronic. But for the services that are required for providing our service i think that is at this point the question has been answered thank you. Thank you. You can hear from the appellants now. Hi, im jordan canter the appellant on this can i thank you for your time and the opportunity to speak so ill say there a significant i i didnt your authority is limited to a technical interpretation of article 25 crown castle turn out to claim the language their permit was denied is a technicality they want to insist on the rules of game demands a do over this is a logic of a bully not a school yard and the issue is Crystal Clear you voted on october 7th to revoke the application opposing the opposition and everything all concerned parties p had ample opportunity to present and our ruling was you think ambitions crown castle lawyers say in American People area to a immaterial difference was the only reason that was revoked that was a tremendous of your decision while indeed it may be a case that there was one factor stated a justification for a vote at the hearing and arguably anyone can remember there was many factors, however, once the board found grounds other factors became mute this is to bring it to light perhaps the basis for further litigation and youre under no obligation to help crown castle the standards for a granted rehearing is outlined art 5 subsection the board migrant a rehearing only if new circumstances has arisen or sycamores known at the time could have effected the hearing and crown castle has therefore to justify a hearing has not been met a rehearing is not to revisit the merit of the application but referred to they have appealed to the manifest injustice in our rules explicitly as an extraordinary case not to revisit the facts of the case more an appellant to rehear it and theyve shown no new evidence in light of the standards of nyu materials and the extraordinary sxold said it was a manifest injustice they failed to have new evidence and neither rerespectfully ask crown castles request be denied. Thank you, mr. Chin. Gene chin public works i wanted to say for the ford record that public works supports the request for the rehearing the appeal was yantd on the basis the conditions were different on the permit than on the tenant of approval and it was not originally identified as a basis secondarily in regards to insufficient 90s public works is process of the issues Going Forward i dont know and any Public Comment on item this item good evening, members of the board of appeals im from sxhains office we said there are requests for rehearing for installation and which are items 6, that and 8 only the agenda we understand the confines under which the city must operate in granting permit for the weefls installations given we have the federal guidelines, however, our message today to the companies requesting installation permits is to better work with our neighbors on the signed preferences by our city while most of them wouldnt deny the installation but there is a way to achieve this in a better way supervisor tang and supervisor mar have issued a letter to wireless carriers and their networks to better work with our city on neighborhood appropriate setting we want to stay this request again and thank you, everyone thank you for your time and my comments applied to items 6, 7 and 8 tonight thank you very much. Is there any additional Public Comment . Are you not one of the appellants okay. Go ahead. My name is lisa id like to offer any support to my neighbors. Speak into the mike. Ill effected by this permit application i want to reiterate briefing some of the portions of the notification process i think now the applicant is minimizing and reiterate the unambiguous of the earlier also unambiguous under fine man application was punished during the evening he also not limited to that some houses may have been missed in that like tloel a stop sign and article 25 have not been met thank you. Is there any additional Public Comment seeing none, commissioners, the matter is submitted. Commissioners, i do not think this threshold for rehearing has been met therefore ill month to deny the rehearing request. Thank you commissioner fong on that motion. Commissioner president lazarus commissioner honda commissioner swig that motion carries item no. 7 another rehearing on 30th avenue from martin fin man requesting the rehearing for this hearing birmingham verse dpw on december 2015 the board asked to deny the notice was Dennis Herrera effective it is networks of california and personal wireless facility start with mr. Fin man. Good evening pornography crown castle, llc as in the previous hearings theres been a lot of sort of x treason matters by the last hearing in their appeal brief and in their opposition to the rehearing request matters that are not part of the rehearing request and matters not recognizable as part of the standards under article 25 or indeed matters that federal law or state law or both for bid a city or state or county from taking into consideration and granting the permit for a wireless facility. Mr. Fineman i want to make sure this item is being translated is it okay thank you. Go ahead. Thank you. Again, the actual basis the board noted for granting the appeal was the notice issue i will say once again that there are two aspects to the notice the business of one hundred 50 feet from the pole of the antenna equipment and those associated electronics a battery back up which is a ascertainly different someone that is in common with many types of facilities in the rightofway to which no notice requirement this is not part of purpose of this wireless facility ordinance and finally was the interpretation we used was not something we dream of but consistently utilized by expelling for not only my client but for all Wireless Companies in San Francisco and thats the consistent interpretation additional i would say it is at very definition of new set of circumstances that change pulling the rug out from under us and manifest injustice to apply a new standard relieving o retroactively or dpw indicated they have now a pending change to the regulation that requires that requires that Going Forward with the manifest injustice to apply it retroactively we also talked about the issue whether the conditions of approval were the same on the final approval or the tentative approval with the neighbors renoticed what tentative with the approval conditions those are the conditions we asked and the expelling asked either conditions approval attached to this permit no noticing issue present with the neighbors got notices are the notice and dpw asked to be attached to this permit. Mr. Fineman. Yes. Weve heard the Glass Half Full and empty our interrogation of what dpw is changing the rules i want to say my interrogation of dpw wouldnt be the interrogation to take the dpw is clarifying the rules that haves existed but making it much more clear two separate pieces of equipmental be that separate are part of installation. Not bans the consistent interpretations that dpw has given through the rules their, their manifesting and like the stop sign running to and others applications have been out there before. It is a different interrogation the constant consistent was the noticing from one pole not from the battery and dpw has always given that interpretation 100 percent of the time and paroling e proposing a new interpretation to change the rules Going Forward and may indeed adopt that regulation we have a different set of rules. Well hear from the appellants now. Mr. Birmingham are you sharing our time. My name is john i beg your pardon ham. Hold on one second set that for 6 minutes well have interpretation thank you. Go ahead. Im here on behalf of my neighbors and myself to oppose this weve argued a flailed notification process in article 25 it clearly states that notice by mail is required to be given to anyone ownership or residing within one 50 feet of the wireless facility and if you read that mr. Fineman and look at the definition of permanent wireless facility as antenna and those to provide or facilitate the provision of personal Wireless Service may be the first 200 permits none brought this up it is obviously if the read the article that was always open for argument and must have never been done before and also, we didnt have a sketch when was given in the mailing on the pole now if you went to the pole today and looked at it it is nothing has been removed no sketch so the mailing we got is different than the notification on the pole i feel this is grounds of in uphold the revoking of that permit thank you very much. Good evening im the interpreter. speaking foreign language. wherever i on the door i see that the antenna is right in front of my door. speaking foreign language. for the Chinese Culture it seems to be you think lucky and unfortunate. speaking foreign language. San Francisco a multi culture city. speaking foreign language. i hope you can understand our culture and concerns. speaking foreign language. the fellow in front of my door is not at all enough. speaking foreign language. im sorry face the drawing as if youre looking at that face the drawings as if youre looking at it on the oh, sorry. Thank you. speaking foreign language. we had to extend the old pole to make it taller. speaking foreign language. and the pole has no power supply. speaking foreign language. and you had to get another table from the other pole you know to get to this one. speaking foreign language. i would like to ask if it stays to add another pole on top of that. speaking foreign language. if something happens would someone i dont understand there are so many other poles there. speaking foreign language. why they have to pick this one the oldest one and shortest one and no power source. speaking foreign language. we are the immigrant from china. speaking foreign language. for so many years i think the government is ready to for the citizens. speaking foreign language. we are the sense of the San Francisco and love this city. speaking foreign language. i hope the board will consider the safety of the public. speaking foreign language. please dont issue the permit for the crown castle. Thank you. Thank you. Thank you if we could get a speaker card with our name on that that will be helpful mr. Chin. Again and again chin public works supports the rehearing and the appeal is on the conditions differed with the tentative approval and insufficient noticing public works is in the process of amending the order due to the need to clarify the requirements based on initials that have been brought before the board thats all i have to say thank you. Thank you. Any Public Comment on this item . Hi names a Andrea Barker the San Francisco coalitions to ground facilities i want to make the board aware that crown castle continues to speak of the changes being made to article 25 even as they testify it is my understanding perhaps you can connect it my understanding those changes to article 25 will not be enforces until theyre written up and commented on and then that will have to be approved by the entire board of supervisors in this case, the changes are not imminent i understand a great deal of lobbying on the part of the telecommunications destroy i myself wrote a letter to the dpw within the period required playing out the changes being made were specific reaction to the past appeals and to the benefit of the 12 coming industry i would like to poet we do not know if those hangs will be approved those of us who feel that the straw the last straw is being mounted on the poles as we speak are hopefully that those changes will not be made to the detriment of the citizens of the San Francisco every one of our appellants tonight has commented on that i would like to add oh, its not going to be big enough im sure i dont think can you see that at all. Can you do that . Thats all i got you took it this afternoon. Okay. Thank you. Lets get it up here so that you can see that the new antenna is, in fact, visibly learn than the sail boat on the bay those are the structures that those corporations are putting in our neighborhoods tonight youre hearing about the richard and the sunset you were not constrained to react to russian hill you can see not minor curtains and the city of San Francisco it is time for them to Pay Attention thank you. Any other Public Comment seeing none, commissioners, the matter is submitted. Commissioner fung. Ill make it this time and for variety. I believe that the bar for manifest injustice has not been met and deny it for a rehearing and okay motion from the Vice President to deny the request on that motion commissioner fung. Commissioner president lazarus and commissioner swig thank you that motion carries. Moving on to item number 8 the last rehearing request subject property on 40 avenue from Martin Finemaning requesting a rehearing that was decided october 2015 at this point the board voted the permit holder is networks of california inc. To constrict a personal wireless facility mr. Fineman. Good evening once again im Martin Fineman here on behalf of the project sponsor of castle crown ill suppressing stress once again there is a large number of issues that are outdoor of the purview of this rehearing that was raised by the appellants of both in the hearing before and in their perceive on the appeal and once again in their brief in response to the rehearing a matter of law this body is not allowed frankly to be take into account in terms of denying the permit i wouldnt dwell further on the issues but again, i on the issues are similar to those i will discuss namely but what the boards based on its decision on previously at the last hearing was the notice issues and is interpretation is now being given to require one hundred foot notice from both poles that cantonese the wireless equipment as well as that in which the battery back up equipment is placed is an entirely different interpretation applied not only it this particular permit not only a different interpretation every applied to crown castle but ever applied in connection with the other permits under this ordinance and hundreds of those permits were grand and this interpretations not given mr. Chin has indicated a number of times that dpw plans have a new ordinance a new regulation that would indeed make that a requirement but it is manifest injustice to apply retroactively a requirement that didnt exist in time the other issue has to do with with the conditions of approval that were mistakenly attached by dpw to the final permit that differs in a small and immaterial respect from the conditions from the tentative approval in their all of that theyre small and i am material and most of all they dont there is a prism one the noticing and there is no noticing issue the notice that went out to the neighbors with the conditions we and dpw are indicating should be attached to the permit no fault or lack of flaw in noticing i would urge that the manifest injustice be corrected and the reserve hearing request be granted thank you. Well hear from the appellant. My son would like to speak after im done is that part of my speech. 3 minutes. Im amanda i filed an appeal were here to entertainment crown castle and dpw with the manifest injustice when on october 7th the board granted the appeal and revoked crown castle permit proper notice is not a novel theory as Crown A Castle would have you believe also the notice within a one and 50 feats the second pole is ambiguous i didnt believe that ambiguity should benefit crown castle theyre in the process of amend their requirements of article 25 that indicates they recognize a problem manifest injustice means something when is obviously unfair or shocking to the conscious is refers to a observable that not an issue to rely on they didnt like the boards interpretation of the law manifest injustice will occur in the board grants crown castle based on an whoops by expelling and the board erred the interrogation under article 25 the due process is not beyond local Authority Crown castle failed to meet the zoning laws when when they failed to notify the neighbors of the one hundred and 50 feet variance. Do you mind talking into the mike there we go. My name is own im 10 years old the proposed site for the antenna that verizon seeks to install is out my front window verizon submitted with their application it will be a few feet from where and play baseball and with my Recreation Area the antenna less than one hundred 50 feet away from my classroom ill be exposed to the emissions twentyfour hours that days a week most people live leave their homes for several hours a day which means they would have less exposing exposure but my exposure is constant my friends will be exposed 7 days a week milestone my mom said the current laws dont take into consideration the potential harm from the associate my mom says your board cant deny this on what harm happens or other kids go to school i want to ask verizon to reconsider the proposed location and not puts this in any School Communities i dont think that people from verizon and crown castle would want this for their children either. Good job big. Okay. Well hear from the department excuse me. Gene chin public works tough act to fellow uhhuh. Public works is supporting the request for the rehearing just for the record the arrogant was permitted they differ from the approval and as a base for basis for the appeal and secondly, public works is in the process of amending the departmental order due to the need for the clarification of issues brought before the board. Thank you. Thank you any Public Comment on this item . Yeah. He do have to comment on the this is my excuse me. That this has been a big scheme they have been putting free phones for a lot of people and this wireless thing has been you know getting money and taking rich and poor to accommodates more theyve been trying to tell me about my rights and tell me things that is when it is my money its been took out if that process im a warning them to stop scams are not going to make it. Thank you. Is there any additional Public Comment . Hello, im jason mercer i live on 40th a few houses down from amanda i have pictures of the pole that the unit in front of her house and in front of the holy School Across the street one of the reasons for the rehearing should be denied. Overhead please. So we say the approximate proxy to the school the harm that can be done the notices on the poles for the boxes theyre ill it ill two small to read until your in front of them this is a Health Hazard you shouldnt be within 3 feet of pole this is the issue of the aesthetics very, very unattractive and i think one important one the safety this is the bottom of the box in front of the holly name school as you can see it is so rusted and the wires are showing thank you very much. Thank you that i am commissioners, the matter is submitted. Hat i am commissioners, the matter is submitted. At i am commissioners, the matter is submitted. T i am commissioners, the matter is submitted. I am commissioners, the matter is submitted. I am commissioners, the matter is submitted. Am commissioners, the matter is submitted. Am commissioners, the matter is submitted. M commissioners, the matter is submitted. Commissioners, the matter is submitted. Commissioners, the matter is submitted. Commissioners beside the motion i was going to state ill state for side record the notice was inefficient therefore the department erred ill move this rehearing has inform basis under our rules and therefore should be denied. On that motion commissioner president lazarus commissioner honda commissioner swig thank you that motion carries well move on to items 9 and 10 both 9 is san franciscans for well, theyre filed by the san franciscans for a reasonable growth and against the Zoning Administrator the first on 530 brandon street from the august to justin at the Property Trust of rear yard open space exposure and mixed variance for 27 variance for work units and 10 transmittals on brandon street 36 work units and others on 34 brandon street appeal that is appeal 1 dash 121 pennsylvania avenue appealing the granting on 2015 to justin shoe of backyardship exposure to legalize 4 dwelling units in two work units and others work units commissioners, i received word before the meeting started the appellant sue hester is not able to attend shes noted requesting a continuance but not able to be here abag because of her health so i would like to your honor, it to you if you want me to consider a continuance in any event or hear if the attorney here for the determination holder at a minimum to see what theyll suggest. That will be okay. Just on the issue of the continuance. Well. Id like to hear that first whether the permit holder is willingly for a continuance. Okay. Thank you my name is allen murphy from llp on behalf of the variance holder on the question of a continuance we, of course, understand that ms. Hester couldnt be here we spoke on a prior continuance ever that matter she asked for a 3 week continuance due to a separate health issue and agreed not to have a continuance well grant that continuance to tonight so we understand the situation shes in at the same time, were concerned that additional continuances could lead to further continuances and this has been quite a long process we respectfully ask the matter to be heard tonight. Id be interested in hearing that that would say appropriate. Okay. Yes. Thats fine. With no motion to continue well go ahead and mare on the merits there will be 14 minutes you can speak if you need them. Right. Again for ms. Hesters absent you was not going to make a formal presentation but ill make that if the variance holder im also available for questions in brief we respectfully ask the board uphold the Zoning Administrators and reject the appeal in this the board needs to hear a presentation ill be happy to or questions ill be happy to to address if. Hearing from the Zoning Administrator will be helpful for me at least. I have several questions. You want to hold those. Ill hold. After the Zoning Administrator. So mr. Sanchez. Thank you Scott Sanchez Planning Department that i dont have much to add the variance letters you in the packet their grabbed and to allow the legalization of dwelling units otherwise theyre not to be grant it requires the removal of a dwelling unit and many of the tenants in the building the variance was heard last september subsequent to that discretionary review by ms. Hester as part of project ms. Hester didnt attend the variance meeting i asked to granted the with a discretionary review approved the projects and will be substantially a Building Permit one of the points ms. Hester raise as part of discretionary review their concerns about other violations on the subject property that was constructed for several buildings and after they did receive the approvals and inspectors the linens were created above and beyond but ms. Hesters raised concerns about the remaining units where theyre operating and prior to the discretionary review hearing we did a curry review of Business Licenses commercial take place as notice for restrictions that are attached require those not only residential but have the opportunity commercial component as well those who dont know the work is not technically residential for most purposes of the planning code that when those units were developed they were able to develop in areas not allowing the residents uses and not subject to the same rirmentz as affordability 0 certainly some saw that as the approval process i understand ms. Hesters concerns want to make sure those are truly ad lib work and as residential units and as part of legalizing the residential units but parts of project and gordons if they cant demonstrate the compliance we have a condition that requires them to develop a plan to demonstrate experience if they cant demonstrate that theyll have to bring that into compliance of residential units and appreciate ms. Hesters attendance to detail analytical as part of the process it details the timeline but want the board to uphold the decision here well move forward legalizing the residential units on the property making sure their proper and moving forward bringing the rest of the building into compliance. So can you give us a remind us of the brief history they bought those building when. I believe the project sponsor will give the details that was recently within the last two or three years. It was yeah. And so clearly something was done illegal he remember when those buildings were built i physically remember visiting the one on pennsylvania and because that was new and novel in that neighborhood. You poke to but am i interpreting our comments the previous owner we know that nexus is not responsible for this blatantly disrewarded the law and all of a sudden putting up walls and putting in new doors to create residences. Yes. Thats correct. So what happens this is not a shack either of those buildings are a shack i mean their substantial buildings those are high profile buildings their high profiles by the fact theyre the first of theyre kind in the neighborhood how is the contribution of ownership three years ago how is to it not appealable know that is possible for anyone to break the law and putting of u up doors if they do it and dont get caught 38 they get away with that but in sfrtsz of occupancy how does the previous owner get away selling something not being held accountable for blatantly breaking the law i mean, if we could go back in time and somehow sanction or penalize the owner we would like to side that to discourage this if happening again, the prior owner acquired the buildings knowing the legal state and came up with a plan for compliance they can detail further but the compliance when necessary found out that new working was not created because of laws become effective in 2000 i think their reaction to remove the units entirely and there was objective much concern and about the loss of housing but the supervisors was involved with the Property Owner ultimately the program to legalize which is what were seeing and reviewing today, the path forward i think were working this was is City Attorneys Office a pattern of bad practices by the previous developer on there and other projects they could go after them to gain compliance through either removing the illegal use or legally theyre pursuing the path to legalize today. How in the contribution of ownership i bought and sold buildings a lot of these paperwork and time at city hall not a shack high visibility of properties how u how is it a reconciliation the new title is saying it is that someone didnt notice and there is not an nov you know the seller at least to catch their attention maybe not a good idea. No inspection we have a 3 hour residential record when Residential Properties are changing hands a reports generated not a site visit so asianamerican thats what happened here the property changed hands and the city is not involved in that transaction and i know. So, in fact, go what cough happened because no harm, no foul and no notice no foul is it fair to say that if we want to make everything clean and contrary could have continued with the knowledge theyre operating illegally and that was the way we wanted and represented to us so with a lot of sdpith to clear the titled and make things straight and thats correct i think they initially connected our department and asking about the pass forward would be so they did initiate the proposal how to bring the property into compliance. In her absent in the documentation from sue hester that that is the way of the point of her contention is whos going to hold those illegal donorers accountable not necessary the buyer has nothing to do with the guys that broke the law which you know they it seems to me they get away with one or two and even though i applaud ethics for getting up and trying to get it straight even though it is still illegal. Maybe two responses in the first part holding the past developer accountability indians i understand the engineer in those projects was jimmy jen someone who has been investigated by the city and i know that has had actions taken by the city i think we try to hold those accountable and then on moving forward you know, i appreciate sue hester about the working and not just this project but the others trying to insure their brick units and innovate residents in disguise they should be made to pay the predicament Affordable Housing fees and impact fees had those units been proposed back when the building was built they actually would have far fewer gas stations but this is legalized so their impact fees there are Affordable Housing requirements their subject to so anymore expensive to do that now but the project sponsor is seeking that we put a condition for a Compliance Plan it make sure the other ad lib working have available. Im sorry if thats not the case theyre more expensive their work if have to provide parking and didnt have to provide open space the same you know those requirements are different just look at what the parking does to the cost of a unit you know but if we were developed as residential like because those are technically dwelling units that are being legalized had they done transmittals in 2000 there were no eastern neighborhoods impact fees so. You compared to descendants and less buildable area he 0 doubt are you done. Go ahead i have several questions. Ged. You mentioned earlier in compliance a 3 month period and theyre not in compliance to Say Something they have to go through the same process to legalize as residential. Yes. So that is the pass moving forward and would be to if theyre not operating in compliance with notice restrictions our notice to legalize these as residential units. In the space. It depended on the individual units whether their variance or level of variance but or yes most likely variance requirements. When i look at the drawings it appears that the illegal bifurcation of larger units into two smaller units is shows in a couple of places it skats where there was a equal that was an in fill it wasnt that clear in terms of what it added up to the extra unions that were created is that the case of Additional Units. Yes. My understanding that all of the units were created out of the living space of approved. Let me rephrase some of them were a double with in terms of both messing new type of work and it shows some the drawings shows an in fill wall they indicated where the wall was able to be split into two units it didnt add up i cant tell how they created the number of extra residential units. Maybe the pardon may be able to go into greater daily my understanding no physical expansion of the building to accommodate. Aligned. It was it didnt show from the drawings that occurred. Some were easier to fascinate and some adrc one wall in and bifurcating a space. I can ask last question then illegal construction was there an nov and that was bringing this to our attention we the project sponsor we didnt initiate that but i cant say if deploying would have issued that. At the time the project sponsor the original permit holder built those would they have gotten this amount of units is there a reason they elected to divide those units up and make illegal units rather than ask for them. I have to go back and look at it under the current eastern neighborhoods we did remove in any districts density limits that faeflts the legalization of those units it would be they were at the Maximum Capacity at the previous approval. They could have made them bigger. If their elizabeth work a required mesne and maximum space since those units are divided are they 25 percent of the footprint; right . Im not aware of a requirement for the mesne it is a characteristic but not aware of the requirement lib work. That is creating two levels because some type of no requirement the reason why they put in mesne a lot of those started in older industrial building with a floor if they kept the mesne to 1 3rd didnt center to have a second exit are called a floor. So thats the reason why in a high floor inform floor space youll gain extra space. Last question it is a significant amount of units and because of the year of the property being built through the qualify in rent control so under the current developer depths or not purchased it in that condition maybe that should be grant we need housing at this point but additional penalty for not obeying the law this is got to be Something Else championships i did it and now approve that. Under the schemes no way to kind of extract the penalties along the lines of requiring maybe the units be rentcontrolled it is maybe something to be studied in terms of the process from the planning code for legalizing the dwelling units in the building itself that the units be legalized if this building is subject to rent control the unit that is be legalized is subject to rent control. The current legalization only one unit per building; correct. Yes. Generally one unit over the density. Theres is asking for quite a bit more than that more negotiation. Something like that perhaps the only mechanism could be the Development Agreement with the city that requires the option by the board of supervisors and negotiation with the city and perhaps something we can looking for other similar large projects in the future. Okay. Thank you. Im sorry, i have one last question the open space variance was it discussed as an alternative to introduce open space on the roof. We and have those discussions at the hearing i dont know if staff discuss that further if interest be technical issues that cannot be overcome to provide Additional Space and maybe the dr report. Maybe they can discuss that not aware of that being a feasible option. Thank you. Commissioners did you have a question for inspector duh. Ill go first ever a notice of violation issued on the property. I didnt check. Now will there is a inspectors on this property or notice of violation issued. If someone files a complaint yes. Okay. Thats how we handle it we got a complaint so someone will be assigned to it. Is there that i am no Public Comment then mr. Murphy i think questions for you and rebuttal time as well. Allen murphy ill be happy to answer any questions i know. If you want to make a statement if you utilize it. Right. No i dont think there is anything further i feel i need to add but ill be happy to to answer to the units mix and count. Start with that. Of course, not included in the brief noted cumbersome but walk to the count in the buildings essential a little bit difficult to see on the plan but 530, 32 work union eased 10 Additional Units established and dwelling units 542 brandon 9 additional dwelling units and others lib units then finally 208 pennsylvania other units were potentially the confusion on pennsylvania 4 units that wouldnt be with the health and safety reasons i had to do this before the hearings those had units it maybe hard to tell on the plans maybe thats part of confusion you were exercising before if you want to ill walk through through the plans theres a number of planned sheets. Not but perhaps would you say that the large majority of units were created by the larger one dividing it and a half. Thats my understanding between 4 and other times installing walls on a single floor 35 unions enlisted into 075 and by previous developers. Same question i asked did da any decisions i providing the open space requirement on the roof. We looked at that and ultimately that was determined that is not sufficient to meet the open space requirements so that means is that was the initial preference to incorporate it on the roof a Fee Associated with the open space area so we could have made that work on the roof that would have been any clients preference but staff said it was not feasible. And i think if im remembering correctly maybe the Square Footage of the roof. Please step forward. Ill confer to better answer our question. Thats right it was both the Square Footage ordinances and also there were ada issues getting the elevator up to the roof. No elevator to the roof. Interesting. 4 stories okay. Perhaps ill ask your question that on my list but those were illegal residential units that your legalizing through this process which means theyre not under rent control. Excuse me the building was built after 1979 or 80 theyre not subject to rent control. Oh, i see. S building are all rental correct. All rental. Are they certified as condos or rentals. Those are their run better to be safe than sorry by rentals. No condo man on the property. No condos map on the property. Oh, that is all condos if so. That is a large problem. My apologies a condo map but not rented. Condo map is specific to i mean, thats why there is a condo map and not prior because during the title in escrow transfer that shows up but in the legal description and because there is 10, 9, 8, had Additional Units that condo map is incorrect it didnt show the accurate count and further up on the question yes, we know the property is built after 1979 but illegal units will the owner or project sponsor make those legal units. I dont believe. I dont believe that is an option under stale they prevent rent control of units after 1980. Can i ask a brief questions are all the sizes the units uniform. No different size the rental and residential units within the scope of the seven hundred and 50 or some 550 and 850. There is variation there is for whatever reason the building was built with different Square Footage of the units in the complex. I have rmg from a long time ago of the pennsylvania building i believe that was converted from an industrial space and everything was wed it was not meant to be a residential building is configure the way it was laid out so i see that was my only question. Thats it. Thank you. Mr. Sanchez something more. In responses to commissioner hondas condos thank you so i will for the city and county surveyor to take into account that and determine how to potential remap the building then file a new condo map potentially to literally to look at those issues, and, secondly, in regards to the rent control only limited circumstances where quote quoted new rentcontrolled units are create through the trinity project on Market Street which was in parts the demolition of a rentcontrolled units building and new construction those rentcontrolled units were restored similar to park merced part of a development with the supervisors to replacement rentcontrolled units and the legalization of units subject to rentcontrolled units the legalized will be subject to rentcontrolled units through the legalization process but generally not in a case like this ive seen you have a building that is post rent control that is seek to legalize units ive not seen the scenario those are subject to rent control. Not to interrupt you but part of negotiation between some of the new construction in the mission on new construction that they would part of negotiation was that a certain part will be rentcontrolled units is that true or not. Discussion about the levels of bmr a city program for bloefrts that is the rental but in terms of the new Construction Projects not replacing rentcontrolled units im not aware of. Their increasing the density. In some of the projects yes, thats the proposal but not that im aware of of new rentcontrolled units not otherwise replying within building that are subject to rent control and for one ill discuss that with my colleagues. Mr. Sanchez could you it is starting to come to me in my hard drive is slower but i believe that those properties when they were approved in 1999, of course, the in youry school at a time it was the top nearing the top of the tech a housing shortage in San Francisco what else is new and money flying everywhere and people Ronald Reagan were paying too much for real estate and condominium releasing that was an opportunity that the developer took to build the condo projects by the time it was built whoops you know a flipflop in the Real Estate Market and condos were unbeknownst saleable so obviously that was there was a reconfiguring of the intent of use what happens there when if one sets forth to build condominiums the market busts and suddenly that was as a condo map is and have been developed for financing purposes obviously none of the condos sell and decided to go rental apartments what should have happened there or generally happens. 1999 was my first day as as interim at the information counter. I was graduating high school. Very well. It is not uncommon and saw our a last Great Recession any new construction through the map process they cant say do it a later date to go through the rental process and we saw a lot of projects with the owner when the market tangdz and the rebel market was stronger than the selling market and equivalent it was vacated they saw the condo map and decided to sell but almost everyone got the condo map and had that possibility at a later time so no implications that locks you into a Ownership Structure only something that is backed in to the project so that you dont have to go back and try to get it mapped out later. Yeah. Theyll have to go do the condo map process that is not feasible once you start selling the units it is more complicated. You remember the history of the work units. How they developed. A bits under julian and others. 1996. We saw the first wave. 95, 96. A down site for real estate that whole period and so those actually came back came about through a cochange was originally developed because of political constituencies in other words, to maintain the residency of the city and on developers because they could take certain charges you know out of valuation and performances in terms of parking space and open space and, etc. , etc. I remember they went wild then. We have documents you know earthquake to 89 and committee in 2 to 6 and loss came first and. Com. Then ultimately that was another supervisor in 2002 that introduced the work unions lib work is a concept that is in the planning code you can have residential as you as accessory integrated into the art space that was intent to be. Originally. Yeah. Then to have a broader use that could be on the working component of that but its a great history. Sorry going backwards. It was great. Commissioners, the matter is submitted. Plural are submitted. I think that whats been done make sense in terms of making something a little bit better not low la better but anecdotal most of us heard of lots used in terms of compliance throughout the years never knew for a fact that you know a lot of them were in compliance in fact, most of ann disposal were not in compliance that is here nor there a process i would hazily example that the cost of that housing is probably not extravagant therefore im prepared to support the variance and what it applies. The concur the issues i have i believe that my follow commissioner brought up regarding the condos is currently, the way the building is confederate noted sold as a exonerated to whoever purchased that building knew that when necessary created those walls by legalizing the units so what happens is when a condo map it is last week buying a house it gives us a footprint but the way the building is xhrdz that not sold individually by legalizing them and living them them reroute their floor plan in the selling them prior because of the way the map is incorrect i believe that we have a need for housing but weve just by allowing this to happen weve pretty much approved something and gave a gold stamp that was something illegal a good number of units 10, 19, 27, 3 it out of hundred and 10 i am not thats 20 or thirty percent of free volume with no implications and no penalties so im not 100 percent in line with that. You know i understand the point of view. Is that so mr. Sanchez. So i am not certainly remove the linens and sell as condos people will be evicted or i would want to discuss with the City Attorneys Office and with the counties surveyor what the process for having them maps i mean, if you have i think the process would be they file a new map and map the spaces which would be it is simple they have to complete the original floor plans from the condos. They need to remap the building. As you were giving me any education thank you very much the remaining of a building that has been converted into an Apartment Building the configurations have changed one hell of a steep road. If that was built as a you know thirty units Apartment Building and not condo it they cant do that but what we have a building units were technically commercial not residential so the same rules dont quite apply not built an, an apartments building but trying to legalize but have a discussion with the City Attorneys Office and the surveyor about what the process would be my assumption since the commercial those are are commercial condos theyll have to be remapped and adding new residential condos i dont know if the project sponsor has investigated this at all but i want a conversation with the City Attorneys Office. Is seems to me im using common sense which is dangerous but if the project sponsor want to go condo to it would be easy because you have free up a lot of the residents brick e bring that back to its original configuration ill ask myself theyll not be going drove the process clearly not in their purview and then you said to me it is much more difficult to remap something or get an Apartment Building that was never mapped for condos mapped it seems that this building as currently was reconfigured with the approval of a variance those were solid and legal reconfiguration that is he very difficult to get that remaps in a condo structure. Sorry maybe i wasnt clear the issue under the law that you have a third unit Apartment Building without a condo you can convert that but that is not a thirty unit apartment it is technically a commercial building that rule didnt apply so not as if theyre trying to convert both a condominium a residential building this is not technically a residential building so i said want to have a conversation again with the City Attorneys Office and. So the rules are defendant for. Residential verse commercial. You could take any commercial building the travns american pyramid and convert that no restriction on that but from the residential condos you change the structure theyre all basically singlefamily dwellings and subject to rent control when you do residential that is good, good question. Lemon back up a little bit i concur with my fellow commission with the Planning Department to investigate further. I will agree commissioner fung. A reminder those are variances were looking at the question do they meet the finding required under the code. The va know we dont recycle those wifi i will move to deny the appeal on the basis that the 5 findings have been met respect to the variance request. In both cases. That means were uphold the variance. Thank you commissioner fung to deny both appeals and uphold the variance on the basis they meet the side requirements under the section. Commissioner president lazarus commissioner honda commissioner swig thank you that motion carries the variance are uphold item 11 was continued by the boards earlier well move on to item 12 france are is department of building inspection on ashbury street protesting an alteration permit. Well need a quick break. Thats great im in the middle of that thank you. This is to rise the Building Application to complete redesign of shoring and delete thebreak. Welcome back to the wednesday, november 4, 2015, of the San Francisco General Hospital we have calls item 12 and now bin to hear it starting with the appellant mr. Ryan you have 7 minutes. It is microphone france ryan appellant. Can i have the overhead so first of all, well not here this matter of lawsuit this the developer has put up against myself and my wife im brought to your attention because more of or than a decade he was making issues about unauthorized construction keep in mind unauthorized construction has we go through any appeal that is completely resigned as we already discussions as mentioned already ill saying it is inpredicament to be an overthecounter permits now there is something unusual about this development and that is it is no a zero lot line and my concern one of my concern is that the developer has made free with that space in here and this is actually directly from his survey as you can see the propelling is here not directly in line with my property that he rear of this garage what that means here it mark here it doesnt seem last week, a large distance but crucial the foundation of my garage on the left here we see where the developers workers have started to where their line and survey mark is a yellow string two yellow strings we we compare the yellow strings with the metal marks here and here it is roughly in line here with the survey marks i happen to be under when the contractor made the march in a little bit if my garage and in this particular per im showing you the contractor has drilled in beyond what is up against my garage i remind you the concern that the developer showed in his lawsuit and here completely and during the mark this orange line is his mark and not my mark his mark so this was actually, i put in a complaint it has been referred to a civil matter for litigation i believe that beyond looking at the civil case the litigation or separate litigation ive not wrought against the developer that the developer should not be allowed to do that and reflected in the permit its the permit deals with the infrastructure felt extremely large 5 Story Building should reflect concerns concerns for the adjacent property and once again neshl the contractor had marked inside the lighting on that wooden post and beside the yellow Property Line marks and initially but later they cut to the ends of the garage line putting my garage at risk there is no reference of a subject permit to this and a bs m permit for encroachment onto the sidewalk for this project no reference on the School District permit riders permission i was never consulted or explained now you can have a look at that that as excavation this white structure is my garage and sitting on the foundation roughly here and been done the board has seen a number of cases whether there is dangdz done to adjacent prosper where it is extremely excavation i think the board is familiar no notification no buy in no structure confirm no discussion with the architect or consultant they went ahead and the that beyond the Property Line a lagging series those poles represent hes april but beyond a league of women against the side of my building again with no reference whatsoever it should the permit should reflect this about that sort of work and over here im showing to reinforce my plains and damage has already occurred so the foundation here is an Steering Wheel Long Distance to the ground and here it the damage that certainly was not there before so im showing again, as the little closer photograph with the structure beyond the Property Line the permit should be revised to include whatever he is doing and having it approved separately again here is this is not my mark and the result of complaints now a complaints against my property for work done i never side against me and what can i do about that weve seen is developer mass a lawsuit against me for stuff like this it is a complex design as you can see interest is a lot of stuff here theres oath complainant so in conclude im assessing overthecounter is not adequate permits for the encroachment issues there should be earthquake protection and land approval there should be a letter of approval i should quality of life permission those are my issues and the reason im saying this permit should not be allowed to move forward at least if this situation thank you. Okay. Well hear from the permit holder. Good evening, commissioners i dont have have a lot to add to this six or seven hearing prior but the issues hes raising are untrue false noted fondling on truth overthecounter review process was thorough as you may know the staff at dbi is quality to review the construction and they did do just that the permit was issued properly ive had my surveyor verify that was not over the Property Line as far as i know not a Structural Engineer and therefore not qualified to comment on the bracing and shoring and sound like and bound issues for that matter it is unfortunate i think he is appealing that the photos are misleads hes showing Property Line offsets thats how the construction they dont put the string on the Property Line that is a intents to mislead you i corrected over the april, in fact, i didnt and let my survey oversees verify that i went though the process of hiring and using licensed professionals to comment on those matters i dont know if there is much more to add the overthecounter is it is what it is no reference to the permit being issued and like i said, the work was done by licensed professionals and contractors and designed by licenses Structural Engineers and approved by dbi staff in addition to that, the appellant is i think files three or four compliments complaints with dbi each other the inspector they coyote to the property and inspector it and dismiss the claim their urban fount and not factual thats it ill be happy to answer any questions. Ive got one youve mentioned youve been here. 6 times. Ive been here most of time this time without disclosure since no attorneys the question knowing that the issues you guys are shared in the past did you have any of those companies Certified Companies but parking garages on his foundation to determine before and after. I do yeah. Thank you. Commissioner fung theres been no movement. No movement. As a result of excavation thank you. Well hear if inspector duffy. Commissioners joe duffy dbi the permit application is a restriction to a 2014 permit and it says complete the shoring delete the retaining walls so obviously as you may know the revisions are changes that are discovered during construction and come up on the foundation or is rooftop or the permit applicant will document that changes those were submitted in may of 2015 and it was issued on the 25th of the september that was overthecounter review that means we dont have the opportunity plans and the application we dont take them in you come into to the building inspection and go to the fifth floor and take them home and bring them to your engineer between may and september this permit was filed and issued i see that it was reviewed by our engineer, however, on the tenth of july matthew looked at that a dbi plan checker and you know there was go discussion by the both people on the overthecounter process we tried to do as much overthecounter and review because we take stuff in especially, when a project is underway i dont see anything wrong with overthecounter i have confidence in the engineer look at the plans in the brief they look like from an inspectors point of view the shoring design part of the building designed by an engineer and a special 1950 for reports, etc. Were keeping keep our eye other than it some complaints files over the last few months with delays we got a complaints think may 2015 and the neighbors concerned about the excavation done under the 2014 report a revision was filed and the neighbor was notified by dbi we did go out there on the 22 of may and did ask the contractor to provide a copy of the start order notice by the neighbor that was required before i excavation and a notice was to be present i notice the report was filed and work is according to the approved plans for the Senior Citizen better known new i assume from the notes that that was met and there was a notification to mr. Ryan way back up on the start of the excavation i believe from my memory i have a little bit of history so if that hadnt have been we wasnt would have maybe the permit holder could address that we received recent complaints drilling beyond the survey line and our building inspector mr. Schroeder referred to that is civil matter a building inspector will see that were not licenses surveys oversees we dont get both that if mr. Ryan provide the surveyor to us there was conflict we may tell them to stop until it gets sort ofed out but a civil matter so i dont know if we got issues with the survey. At this point we did get a recent complaints on the 22nd of october 2015nd of october 20153nd of october 2015rnd of october 2015d of october 2015 they were working the work continued when the permit was suspend and it was in conflict and the case got closed i dont have any more to address im available to answer any questions. I was curious because we didnt see a lot of the things he provided information in terms of ive never heard of a shoring design just overthecounter without previous meetings and reviews and discussion. Sorry commissioner fung. You indicated the shoring permit. Uhhuh. Was reviewed between may and september several times. It may have been in the writing for the permit is shows that of filed in may and issued in september and the actions from the dbi engineer was from july 2015. Which indicates some type of a review meeting. Oh, yes definitely reviewed but dont know how much time they had a Building Permit i believe the original permit i think that was in the system that was built both the foundation of building sometimes that what we say retaining walls to bolster the fountains so but obviously someone was discovered during that face of construction that led to that they revised that and like it is didnt happen on all the projects but sometimes i think dbi overall ouriers we rely on the engineers as well and their design obviously that has to meet codes and stuff like this there is eloquent details im not concerned and a lot of shoring in San Francisco on most construction their deep if you look at behind the fenced youll be shocked as an inspector i would be interested every time i see what their showing and shoring is a big part of San Francisco because of to that grateful and the lot lines. Moscone and transbay center. Of course i believe the implication i interpreted it the same i appreciate the details as explained in the brief it implied over the overthecounter and your overthecounter was a little bit more nonprofit i appreciate over clarifying there was review discussion and review and discussions and other considerations before the permit was offered that is very important. The plan checkers have a i think scoring 90 minute plan for the shoring but a time limit so someone cant take up a whole day and get 90 minutes of the engineers time you can come back and thats not noted not review but the gentleman from building that looked it is an engineer so overthecounter is reviewed by the dbi engineers. No Public Comment here so i will move into rebuttal, sir. Well, of course, i dont disagree with the overthecounter process by my issue there is damage being done it is clear from the photos im not is disagreeing with the developers Property Line marks they are less than a foot but im saying ease gone beyond them and there are claims outstanding and, yes off in different directs but complaints sitting there i cant close them its not work i say so im saying we need to do something and not go forward like this i personally the developer comes up here and assures the data is good wheres the data no shift in movement where is the data not pub available transparency i should be able to get it all the joining neighbors should be allowed to see the data how is the data constructed and where is it under the circumstances of litigation the developer here must be suspect i honestly does not want to take his word and the actual shoring extraordinarily youre aware of situations the developer poushz on you see the picture it maybe all well fine and good im extraordinarily skeptical i dont believe that it is acceptable fill this probation officer move forward at this time especially given the circumstances the developers willing to dismiss any correct statements out of hand and saying their untrue it is clear from the marks and that theyre absolutely has been encroachment absolutely to question dbi didnt want to get if from a foot thats fine but clear in the pictures theyve gone beyond and have built across the Property Line in all the course of fence well happy he did shoring but in particular sycamores e set of circumstances given the litigation and the fact that i dont believe the guy a trust worthy i dont believe that the preempt should move forward as is hard facts are necessary and data is necessary movement need to be the data needs to be available for all the neighbors and neighborhoods this needs a much deeper harder look you used a surveyor. Im accepting the survey they did themselves. Your contesting where the lines are. In the only disagreement is dbi didnt go farther than a foot im dangerously with his survey im accepting his survey as filed yes. Any other questions . Thank you well hear. I have a question for you. Since our surveyor took the information have you shared our information with the jane neighbor. It is private information free to hire a surveyor i do it for any own person use. Okay. Thats been if that is what happens when it goes to this level it would be easier. That wouldnt make a difference i dont think it will make a difference thank you. Just you putting it out there. Mr. Duffy anything. Dont have much to add with mr. Ryan i think he misunderstood i didnt say if there is something obvious we dont need the survey well see someone encroaching someone built a deck into someones yards it is objective well take action what we ask a surveyor from both sides with that and any dispute with the survey well maybe talk to both sides and it is not that anything under a foot is not an issue but ask for a surveyor ive got an inspector it is not something well get into well ask mr. Ryan or anyone else to provide us with their survey mr. Sanchez noticed there in the drawings that was different provisions on the plans for plan checker comments overthecounter review did take even though overthecounter took a couple of months at the had at the came in so the dates on the plans do reflect that there was some comments some in july and eventually the approval. Okay. Mr. Duffy any open complaints on that permit. I see one of them complaint going back to inspector kurian he asked for some stuff and left the complaint over but the most recent exclaims with closed about 5 maybe 4 closes Something Like that. Commissioners, the matter is submitted. Yes mr. Duffy. Sorry commissioners, i should add he has a violation for a notice of violation for a desk constructed without a permit he has been through that issue with his proposed and obviously a lot of this because of those two people not. Not getting long along and i worry about it would be resolved i know that dbis time is being used were here for that but to the point weve been here allotments and back on the deck when mr. Ryan gets his permit i hope not this is what the litigation is about as well. Thank you. Commission when i read the brief on the appeal that was difficult to understand most of points hes raising so at this point i dont find to be able to effect any action on the permit therefore im not prepared to support the appeal. More am i. I agree and furthermore, we deal with that that on a regular basis in this case the neighbors are drawing i wish i had a magic wand to make that go away those permits were issued correctly. Move to deny the appeal on the basis the permit was correct. Thank you commissioner fung to upholds the permit on the basis it was properly issued. Commissioner president lazarus. Commissioner honda commissioner swig that motion carries commissioners the last item on the calendars item thirteen is the action and possible discussion of annual report this this is for july 1st, 2014, to june 2015 and weve called that fiscal year 2015 all braids and commissions are required to adapt this and this document is to safer that charter requirement an overview thought accomplishments of the board and something we postoperative the website so the public seize what youve accomplished in a year so id like to give you a brief overview of the report if you take a few moments ago and ask you to consider adopting it you held thirty mergers for over one and 6 hours at those mergers one and 62 matters 1 hundred plus appeals and hearing questions and jurisdiction the appeals was down 21 percent from the prior year the prior year was unusual because of the number of at t cases weve heard if look at the parts several years the appeal line was higher than 2008 we took a minute to look at the current year to date numbers until last week we were actually running low 33 appeals in the First Quarter but last week, we have 35 files in one day and. The appeal was to do with the denial of sign permits that will be coming your way in january weve doubled our appeal hearing in a matter of a few hours. The sign permits is the next phase it seems to me on page 5 a map of the city as you can see where the properties are that were the subject of the appeals this map a similar to shown in the past years there are appeals across the city but. Theres a contemplation but otherwise there is started throughout the city the report talks about the orientation nation of the appeals the departments generate the appeals specifically and is there anyone from the public that wishes to speak this year that was dominate by the dir that was 2 3rds of the matters we heard last year yeah. laughter . Actually 34 percent from the Planning Department decision and the next biggest was from public works decisions which recommended a quarter of case at t. Some at t case just half of those were well have a lot with van ness corridor coming up as well. On page 6 is distribution and more detail in the appendix and a charts one of of that shows a distribution over the parts 5 years the under the influence of the appeals coming from dbi and planning and the debut also see how they fluctuate from year to year and is big spike in the case the new permit legislation or business interferences well see with the 35 sign appeals reflects not only the permit legislation but also the result of litigation so stay tuned for january. Nice nice. The reports talks about how you decided those cases 58 percent percent of the matters you denied the appeal and the underlying department intact 38 percent grants the appeal and overturned the department 14 percent of the times or modify the determination 34 percent of the time if you look at the outcome by departments you can see it is spread out evenly not like you have one particular department or the type of decisions our denials and appeals pretty much across the board. Pretty mean to everybody. And pretty generous. You can look at a graph over time and see how this year, the boards denied more appeals than in the past years i tried to figure out if there was tied to a trends whatever came before you exactly. Really wow. As far as the rehearing jurisdiction the number of those matters were very typical nothing unusual and the 21 were rehearing requests one grants and twoyear were denied and this is similar to how you looked things in the past looking at the budget thanks to the Strong Economy and mindful spending the board had a drivers license revenue it steetdz the projects and the expenditure under project we end with a surplus of over hundred and 32 thousands totally one hundred and 44 thousands the salvation was up we bends in our surcharge revenue and while appeal volume was thoot as high in the prior year still higher we came in 15 percent of both the projects in both those Revenue Streams those increases have been helpful because even though our expenses may go up we Vice President had to change the surcharge to increase the revenue this is again on the expenditure side we came in 8 percent blow the budgets of 75,000 in savings that has to do with in part with salary savings because of the staff vacancies and eliminating the City Attorney and also from sales tax and the underlying expenses on page eleven a pie shatters or chart shows how the evaluate majority is Fringe Benefits we do pay 18 percent of our budget for the service of others departments and the two infrastructure are rents and phones and 3 percent for 0 the services we eye companies outside the that provides the address or the interpreter we had this evening and 2 percent for board dinners someone want know post itself is important for other types of materials. A quick question spending other departments was due to other with the City Attorney services what exactly effects that i mean, we have City Attorney bryan during the meetings but representing the court what effects those hours. We dont pay the City Attorney fees for litigation only the advice it is only the advice provided for us at the meeting and the City Attorneys preparation for the meanwhile and offline any advice like conflict and ethics advise and advise i ask for when issues come up that needs additional attention. Were not calling them. Part of that hes doing this for several years and can answer questions after. Ive been doing the for several years so you dont have the same questions when you first started. Perhaps less controversial so requiring more efforts on their part and new permit issues to call in the attorneys for additional advise so the 200 and thirty thousand surplus went into our Rainy Day Fund that is something in the future years if we have a revenue deficit and given the fact our revenues are past it we dont control Building Permit applications or file appeals in the office it great to have it in a lien year. What was the last times a deficit was 09 a yeah actually a chart think page 11 as you can see yearend balances 2009 was the recent year we didnt make enough money to cover over expenses. He expect that happens in 2001 or 2 as well. And 89 through 96. We actually learned we are slated to be part of a new 2 year fixed budget cycle the mayor introduced legislation to move more departments into that two year cycle he rolled this out 4 years ago and some of the departments are on it and more departments moving into that direction well be coming to you less often every others year with a Budget Proposal that will be a 2 year fixed term and if someone comes up in the off year an adjustment typically for us neighbor negotiation that changes our fringe benefit rates they effect the city stuff like this so the goal to free up more time form less time spent on budget approval and more time spent on longterm planning for all of the citys departments. Assuming that every director is as efficient as you are. Wow. laughter . The report talks about our Performance Measures each Department Look at how typically we decide case and releases the decision we had a goal of restraining order percent for the site cases we met and the goal for realizing the decision that was 97 but we met 94 percent the reason we had cases of two appeals of the same decision and with an has a rehearing and one didnt we hold off on releasing the decision we want to make sure the decision is for the both appeals 6 instances we had to come back and explicit meet your timeframe for realizing the decisions at the end of the report we had staff changes and mr. Pacheco left we were lucky to hireer our gentleman and a; correct left i used the opportunity with that vacant to change the classification from a general Clerk Position to one that is important specified in the legal fields were having a better exercise on staff i didnt want to evict someone from their position but we have our legal assistant fully staffed at the september he feel and hope the new staff feels that people are starting to come together as as team certainly im impressed how folks are moving through this process well getting there the staff work hard on upgrading some of the facet of our website to redesign and make that more users friendly having all the decisions to 1992 posted on the website and upgraded the computer equipment for everyone in the office were up to date and well be outofdate in a few months thats it the appendices to get information about filing for the jurisdiction and appeals details and details on the litigation the board has faced. If you have any questions, ill be a happy to give them a go. To that these on the bottom of page 20 the Market Street the april decision. Okay. That would be wrong. Were heads of our time. Yes. That was it. I have one point on the description of appeals of the department of building inspection i did would be appropriated to highlight how many tenants inlaw unit. For this year or Going Forward. It is probably i would guess a significance percentage not a youth authorities. Because of the legislation if 2014 as well. Yeah. I think it should be highlighted there. Okay absolutely. I want to commends our director an excellent job. Yes. Very informative and im taking mine with me. I rail take anything. Arent we the smallest department in the city and another department about our size not smaller than. A motion to adopt the annual report. So moved. Okay. On that motion then per diem. Okay. No Public Comment. Commissioner fung commissioner president lazarus and commissioner swig thank you commissioner president lazarus theres no further november 4, 2015. I would like to remind members of the audience to please silence any mobile devices that may sound off during proceedings. Commissioners, that will place us under general Public Comment. I have no speaker cards. Does any member of the public wish to make Public Comment on a nonagenda item . Please come forward. Seeing none, well close Public Comment. Did you take attendance . I did not. Let me take role. Commissioner wolfram, commissioner hasz, commissioner johnck, commissioner johns, commissioner matsuda will be absent today. Directors announcements . Good afternoon. I would like to mention the Mission Moratorium which of course did not move forward yesterday. What i wanted to let you know is that we are continuing and will continue and i made this commitment on behalf of the department that we will continue to do our work in the mission 2020 plan which we have been working for some time with a series of neighborhood groups to work towards stabilizing the demographics of that neighborhood while the neighborhood is growing. Its something that we have committed to and the mayor has committed to and committed the staff over the next year to make that plan a reality. Its a Land Use Plan and not a zoning plan per say but a plan that tries to stabilize the mission through tenant, counseling, eviction control, acquisition of sites for Affordable Housing, acquisition for existing buildings for rent control buildings to maintain existing house. So it is kind of a new ground for us in many ways but we are working directly with the neighborhood organizations to make it happen and for your benefit and the benefit of the public, i want to recap, in spite of moratorium that well continue with that work. The second thing is that tim reminds me that you will probably be interested in major piece of work we are doing out of Affordable Housing which is the Affordable Housing bonus program. The mayor and supervisor tang introduced legislation at the end of september which is a program to both no. 1 to reflect the requirement understate law that we have to allow for provisional density if they provide Affordable Housing on site even though that law has been in the book in the 70s and there was a recent court case that pushed us in that direction as well and secondly it provides additional interview for middle income for development that provides up to 30 onsite affordable and middle income housing. That program is moving forward. There is a third hearing informational hearing and it goes back to the Planning Commission for tentative action and to the board as well. Weve also made an offer to all the supervisors that we would go out to their districts to make further presentations on this as well. Well be happy to come here if you are interested in hearing in that program. It has the potential of 5,000 units across the city. A very Exciting Program that we are really optimistic about and we hope it gets to the board during the next quarter next year. Commissioner johnck . I would really appreciate a presentation. If there is nothing further commissioners we can move to item 2. Review of past events at the Planning Commission commission, staff report announcements. No formal announcement as far as the Planning Commission but a number of items to make you aware of from last week. One is you probably know that prop j passed which is a fund to provide Financial Support to legacy businesses and there is a role for the Historic Preservation commission in that ordinance. We are working with supervisor campos office and we will have an overview of the program before you shortly so we can start figuring out how that program is going to operate most importantly here at the commission and as you know there is some overlap with the legacy business registry that is being managed currently by the office of Small Business to have a better understanding of how people would apply and how they would become eligible and what sort of criteria this commission would like to use in providing recommendations to the board of supervisors as far as which businesses are eligible for the use of the funds and that item will be a budget line item and the amount of the pool will likely change from year to year, but there is Additional Information that well have supervisor campos to present at the next hearing. The staff had an annual retreat at the swedish american hall. Thats to the swedes and Enrique Landa fosh providing a space to meet and talk about the preservation over the last year and the type of work weve been doing and looking forward on planning for the future and what sort of staffing issues or process related issues that we would like to improve or expand upon. We did have a really interesting presentation by a window contractor from the peninsula who talked to us about everything from very low end to very high end windows, how their manufactured, how they are installed and the pros and cons of each and that was very helpful for the staff in understanding sort of the needs of homeowners and the types of recommendations that we give based on preservation requirements under the secretary of interior standards. We talked a lot about core values and core values meaning the core values of the Preservation Team and sort of the first steps in putting together our own Mission Statement about how we want to approach preservation given the amount of development happening in the city over the last few years and that our Preservation Team has grown from only 10 years ago being handful of people around 45 to now almost 20. So there has been a lot of growing there and a lot of great policies that have come out of that team. But we were looking at how we interact with the department internally and how we interact with the preservation and how we communicate with the city s shared preservation goals. So more on that as we continue to develop and discuss the teams core values. One thing i did want to point out from the retreat that i always find helpful is sharing with the team how many permits or entitlements are received on an annual basis and what came out of that is as we know there is more permit activity but surprisingly the numbers downtown have quadrupled and just as many downtown as for the rest of the city and we have two Preservation Planners working to get through that backlog and responding to people in a meaningful way. It did show there is still a huge need for support and the teams were especially downtown. So well be working on our next years budgeting efforts to find ways to alleviate some of that backlog there. Also i wanted to mention that the board of supervisors unanimously approved the University Ladies home at the board of supervisors hearing. There is one more read at the next hearing but this legislation was an ordinance sponsored by supervisor campos and we dont see any reason why that wont move forward. That will likely be our newest individual landmark. There is additional legislation that will be sponsored by supervisor kims office. Its a filipino Cultural Heritage district in the mission district. This is a policy outlined in the west soma area plan along with an lgbt social and Cultural Heritage. Both are picked up in the central soma draft area which will be coming to you in the next year. The supervisor wants to get a head start on this particularly because there is a number of folks in the community that wanted to see some momentum behind developing a district. So we are working closely with supervisor kims office. I just wanted to make you aware of it in case you hear any murmuring about it. The Architectural Heritage is working with the board of supervisors and the community and we are working with a model that has worked in the past very well. We are looking at ways to put a little bit more teeth into that legislation, well be checking with you once its formally introduced and referred back to the department. That concludes my comments and my report. Thanks. Commissioner johns . Was that this presentation on the film . It was not. I will be happy to talk to the fellow and see if he would be willing to present before this body. Well, if you would, i think that would be a great idea particularly, not only could we have the advantage of it, but if it was as good as you indicate, then, shouldnt that be available on our website or someway so that people who are involved in this as part of their business or because they are a homeowner that wants to spruce up the place could have the advantage of in of that. I think that would be wonderful. We are working on a final script for our next Youtube Video for the Planning Department and it will be on the window replacement standards for this city. There is certainly more information we can add to that script based on this presentation we had last week. Commissioner johnck . I wanted to comment on the commission and this filipino district. There were great presentations at the theatre. There is quite significant camaraderie and collaboration among the arts in San Francisco arts, opera and theatre for holistic participation. It was quite an insight into filipino history. My street in San Francisco, they were the first people there when it was built, when the homes were built in the early 1900s or late 19th century. I havent checked to see whether its still on but i would encourage staff to look into that playwright; the author. I thought it was really inspirational. I enjoyed the opportunity and hearing from each individual person about the values and the look back and what stood out. I just got a lot out of it and learned a lot and enjoyed meeting a lot of folks who dont always appear at the commission meeting. I thought it was very well done. Thank you. Commissioners, if there is nothing further we can move on to commission matters item 3, president s reports and announcements. The only report i had was that commissioner johnck and i did attend the retreat. I thought it was very well done and enlightening. The other item i wanted to bring up is the idea of a Holiday Gathering after our hearing of the 16th of december. Its something we can think about and discuss. I wont be here for the subsequent hearing. Commissioner hyland will chair the meeting but maybe something we can start considering. Very good, commissioners. Item 4, consideration of adoption of draft minutes for Historic Preservation commission for october 21, 2015. Do i have corrections or comments. . I have one comment. It should be University Mound. And then i was wondering on page 4 or 5 of the brt. Did we draft that letter . Im not sure what 049 means . That was the comment letter. The comment letter was 049 . Thats the letter. As we issue motions, we assign them a number. So maybe it could say letter 049 was commission comments. If a member of the public is looking at this, they wont understand what that means. Sure. And then in a similar fashion for the Architectural Review Committee minutes. Is there a separate, i know the planning does often more of a detailed summary. This one just says reviewed and commented. In this case we actually commented that we felt the museum met the standards. So shouldnt it say that in the minutes . It should be issuing a letter to that as well and we can add that to the minutes. I think it would be helpful to have that. If a member of the public wants to know what happened. We can review and comment and say it was terrible. Very good, commissioners. Does any member of the public wish to comment on the draft minutes of october 21st . Seeing and hearing none, well go back to the commission to close Public Comment. Move to approve as amended. Second. Thank you, commissioners on that motion to adopt those minutes as they have been amended. Commissioner hasz, commissioner johns, commissioner johnck, commissioner wolfram. Yes. That matter takes us to item 5. I met with project sponsor in front of 15th street that is going to be aired today. Commissioner hyland . Two items that i also had communications with the Property Owner and sponsors. I did not meet with them but they will be here after this hearing. The other thing, i was at a presentation with a few of director rams staff from the pavement and parks group and they were at the prototype festival as well as what that group is doing outside of the neighborhood like at ocean and persia. I thought that presentation at least half of the presentation of whats happening in the neighborhood is a topic we can bring as to the Cultural Heritage committee. Commissioner johnck . The reason i was absent last time is because i was speaking at a presentation in havana, georgia. I was looking at proactive tools for identifying Historic Resources and archaeology and improvements around the united states. It was quite general but i did focus on the great seawall here in San Francisco and did a lot with the engineering at the port. I have highlights and will be sharing it with the working group and staff to see if it has some legs and some ideas. I talked more about the potential opportunity for looking at the seawall for historic tax credits. The pier is at the building on top and it was very well received and i was very impressed with the Historic Preservation in savannah. We are quite prolific and well done. I just wanted to bring that to the attention of the commission. Thank you, seeing no other comment, well move on. That will place us on the next regular item 6. 2015005887 des consideration to recommend to the board of supervisors the landmark designation. Are we not doing that today . We are. That is item 7. Oh, okay. I have an older calendar. Im sorry. Presenter good afternoon, commissioners. John Landers Department staff. Its to present the landmark designation of 9092 Second Street located on the northwest corner and south of market neighborhood. The building was placed on the landmark Designation Program may 12shgs 2015. Its in direct association with the 1906 earthquake and fire t disaster of the rebuilding that followed is the most significant event. The fire destroyed many city blocks and left more than the citys population homeless. The unique survivor of the fires. While the rest of the south market was reduced to ashes. Within the entire burned district it was the only building to survive without anyone inside or outside fighting to save it. With this, commissioners, i would like to ask your indulgence to share a slide show that will give you a better idea of the south of market in the hours following the earthquake. The burdette building was located in many prominent areas and loud allowed us to follow the progress of the fire on a minute by minute bases. On the morning of the quake, the fire broke out from south of market. You can see numerous fires on the south of market while the area north of market remained untouched. Right now i would like to focus on two fires in the vicinity of the burdette building on tomb a street and the chinese laundry on Howard Street near third. You can see a cluster of buildings that include the examiners building, and just to the east is the palace hotel. Also nearby on the north side of mission between new montgomery and second is the burdette building. This gives you a view of what they looked like prior to the disaster. The building is on the lower right. These buildings were exactly 1 block away from the intersection of third and mission. This is third and mission at 9 15 a. M. On the right is the air son building. Its going to be gutted after this photo was taken. This is something. Those of you looking down third street towards mission, the arrow is pointing to the building. Im going to keep that arrow in place so you can follow the progress as the fire is moving. This is just a few minutes later. Now the building is smoldering and the fire has gone closer to market and burning the Winchester Motel here and the photographer is snapshoting and you can see the building about to collapse. On the right is the base of the mccalll building and the building examiner. This is another photo taken a few minutes afterwards. The fire is now burning north into Market Street. A little bit closer on top to the right you might see Something Like this at this point the military is already patrolling Market Street. As we focus on this building here you can see photographers are actively taking photos, the wall is collapsed and we can see firefighters in place trying to stop the blaze. They found water and they have abandoned the scene and they have gone further west to help fight a fire in the vicinity of the emerald implore yum. San franciscans are beginning to realize how terrible this disaster is and going towards the outline of the city. Further west we can see the dome of the building is on fire and of course the mighty palace hotel. When the fire got into the first building the flames flew out of it and you can see the fire raging south of market. That is a Quarter Master supply dpoet depot. We are very close to the building at this point. Here is the scene prior to 3 00 p. M. On april 18th. We can see the palace hotel and again i will come back to the crossly building. The fire just left the crossly. The fire was so hot it melted the building. Adjacent to that is a small 3 story house called the wilcox house. This is done in 1895 and its in the location of the burdette building. When the earthquake struck, the wilcox house collapsed completely. There were several photographers on hand and people began to search for survivors and a lucky few people were rescued from this. Around 3 00 p. M. The flames were getting close and this is the hotel that began to burn. The palace hotel had 600,000 gallons of water in the basement and 600 gallons of tanks on the roof. But they couldnt stop the flames. Here we see the grant hotel south of market which is starting to smolder. Just a few minutes later the hotel burst into flames. Right after that time the fire reaching the burdette building and across the street is a building completely engulfed. We cant say why this burdette building survived. The manager of the saloon said he stayed longer to see this catch fire and never see it again. This is the crossly building. Again is on the same block of the burdette building. The palace hotel was gutted and would have to be demolished. And then we have an idea of the entirety of the burn district with an area pointing to the location. Thats nearly 500 city blocks and about 28,000 buildings were destroyed. But within all of those again, only one building survived without anybody defending it from inside and out. Here we can see it from a distance. This photo was taken near second and folsom street. It was remarked upon on our local press. It was amazing that it had survived. They are advertising corrugated piles of concrete. This is the place where you can actually get a meal during rebuilding. Here are some photos during the rebuilding. The burdette building in addition to its significance with the 1906 fire is also architecturally significant. There are no other buildings that survived prior to 1906. This photo was taken about 1929. This photo was taken quite recently. You can see the burdette building still retains more than sufficient integrity with the association of the 1906 earthquake and fire. On july 1st, this Commission Adopted the resolution 748 to adopt the landmark designation and there was no opposition to the designation. The department received a letter from gloria yee, of the Marital Trust from the Residuary Trust and stated her opposition to landmark and challenge on demolitions and create restrictions on how the building maybe altered. The building currently has an altered rating of four in the conservation district. As such this commission is responsible for any review of the project. Should the hc approve article 10 landmark designation, several procedures exist to determine this. It will not create a substantial change and creating the process. The building currently has an active enforcement case for interior demolition. The Department Staff recommended to the board of supervisors that designation of 9092 Second Street under the articles of the code. This concludes my presentation. Any comments . Excellent presentation. Does any member of the public wish to comment on this item . Is there any additional Public Comment . Seeing none, Public Comment is closed. Commissioner pearlman . Thank you. That was a wonderful presentation. You know most of us im sure have seen hundreds and hundreds of photographs, but by putting them to together in that way to get a sense of the impending do you mean was excellent. I just want to comment on the fact that we know it was the only building that survived there, but the public would never know and im wondering, i know we are going to talk about the Plaque Program. For a building like this, its so critical because otherwise people are going to say, well, it seems like a typical ordinary building in that neighborhood, why would it be a landmark m in San Francisco. Im hoping through the Plaque Program, obviously this is jumping the gun, but through the Plaque Program, the fact have its existence i think its a very very interesting piece of San Francisco history. So, im hoping that will happen. Commissioner johnck . The enforcement order against the changes that are being made, how is that going . Whats it for . Preservation staff. Im not typically handeling the case right now. We havent had any communication from our last hearing. I will defer to mr. Frye to see if he has any additional thoughts. Tim frye, Department Staff. They did notice interior work occurring without a permit. They are gutting the ground floor, commercial spaces. That work has stopped. But i dont believe any permits have been filed to date to bring the work into compliance. But we are keeping an eye on it. Thank you. Commissioner hyland . Perhaps staff can write a letter to gloria yee that the entitlement review process would be the same as a landmark. Its in the conservation structure. Prior to both hearings, we did send a letter to the Property Owners to that matter that it was not going to be treated different than if it was a landmark today. I would like to thank you for a very well done landmark and Great Research and great reading. Thank you very much for that. Thank you very much. Its a joy as i said we dont normally have so many photos and so much information. I agree with commissioner pearlman. It has a great chance for interpretation because we have so much documentation of the fire. I would like to see that and perhaps portions of this slide will live on. Do i have a motion . I will motion to move forward this recommendation. To recommend to the board of supervisors. City clerk thank you, on that motion to adopt the recommendation to board of supervisors to adopt that landmark designation. Commissioner john, commissioner johnck, commissioner wolfram, commissioner hyland. That item passes. We are now at the next item for informational presentation. Presenter good afternoon. Department staff. Im here for a presentation for the historic program. I would like to present for the Historic Plaque Program and updates on other programs such as banners and website will be provided at a later date. Staff would like to ask staff for direction for a program and article 10 landmark buildings. The apc expressed interest in the landmark and planning code to have plaques displayed with the owners consent. And would allow the Department Staff to implement a Plaque Program and exploring funding option. This Code Amendment may take 3 6 months to complete. However the department is prepared to develop a Pilot Program to begin work as soon as possible. To be eligible to display a plaque the property must be designated as an article 10 individual landmark. The project would be volunteer and would require the Property Owner to submit an affidavit to installing the plaque. The owner would be responsible for installing the plaque according to specific instruction. If the plaque is stolen, the owner must notify the staff. Staff is responsible for verifying the status of the property, conducting a site visit and conducting the mounting location and communicating with the Property Owner. Funding for the program will come from the annual budget cycle or as a small fee added to Building Permits or entitlements by the review project. The department will report on additional Funding Options at such hearing. As previously shared, the plaque will be round with city of San Francisco Historic Preservation at the bottom and the name and date of designation. The city logo will be at the bottom. The department has explored the use of either a 16 or 18inch plaque. Here are photographs showing the plaque size in relationship to the building. The swedish american hall. I also have templates to help visualize. The complete actual size of the plaque. Pricing for an 18inch plaque is from 600 to 900 and 18inch bronze plaque has been recommended by the company that will work better and the material is more durable and will age better. The Outreach Program includes mailing to Property Owners to individual article landmark buildings. The mailing will encourage them to participate in the program in addition the Plaque Program details will appear on the departments website. Other outreach ideas include the plaque ceremony for the first plaque request received. Next in concurrence with the department of building inspection to determine if there is a fee. The finance team to develop a budget and identifying Funding Sources and working with the City Attorney to prepare legislation to amend the code. It may also be possible to again the Program Immediately and follow up with a Code Amendment. Staff would like to ask the commission to provide for further direction on the content and structure of the program. Im happy to answer any questions. Thank you, mr. Frye . Commissioners, tim frye Department Staff. To add a couple comments to ms. Fergusons great presentation. We did talk to our finance team and we are really excited because the pricing came out much lower than we had anticipated. So we can fully fund this Pilot Program if the Commission Finds this outline or framework that weve provided for you acceptable. So it looks like you know there was some question about who would be responsible for the plaques and the maintenance of the plaques, but it looks like while there may be a larger cost to incur at the beginning because we have almost 280 landmarks, that would slowly start to trickle down and we would likely would only see handful of these every year given the commission designates around, right now we are at about 5 landmarks a year and its a nominal cost and we have the staff to handle it. We are throwing out 25. We would certainly notify all landmarks of the program and that this is a Pilot Program and take the first 25 on a first come first served bases. Great. Commissioners, questions . Comments . Commissioner pearlman . I like the idea if there are new landmarks particularly if they are self initiated like the University Mound like the fee whatever is the 1,000 fee that its a requirement then that the plaque is part of the designation. Could that be part of the legislation . Not exactly. It would have to be a voluntary program. But the affidavit would be very clear about who is responsible for the plaque in terms of its Installation Maintenance and notifying the department if its lost, damaged or stolen. What we anticipate the legislation or the amendment to article 10 to read as is it basically allows, it puts the responsibility back on this commission and the department that we will have a viable Plaque Program. The funding of it, though and you know will come from the Department Staff, but we felt that making it mandatory especially if its being installed on private property has some implications that we would like to avoid and thats why we feel its important to make it a voluntary program. For instance on the burdette building you have an owner who was not interested in the landmark but to have requirements and restrictions to have on that agreement. This seems like a minor thing relative to the fact that, i understand that if someone wants their building to be land marked, they will probably be happy to have a plaque so this may not be an issue to it at all. It seems it should be a tighter connection especially if you are back to buildings that were land marked 30 or 40 years ago. So it maybe hard at this point to get people to do that. So, just a i dont know how other commissioners feel about that. We have a number of folks inquire with us on an annual basis about the Plaque Program. I feel the 25 will go very quickly. Commissioner johns . Several times i have mentioned programs that were discussed in san diego last year that have to do with Something Like walking tours or not really plaques, but about stories and buildings that can be triggered. For owners that are not interested in the plaque is something that can be easily solved by having a description that would otherwise go in a plaque into one of these Electronic Devices. Thank you. Commissioner johnck . So, the Pilot Program, you are going to send a letter to all the owners of the landmarks, the complete set. Sit going to be a first come first serve . That would be the best way to start out the program. We may also start, i have a feeling as commissioner pearlman pointed out, the first that will respond. We know the hall is very eager, the tavern, Mission High School and they ended up in stalling their own plaque but we know they would like a city plaque. Have we tested the issue of the size. How about the twin peaks tavern, its all glass. I dont know if we tested this plaque design on other potential landmarks . We havent but that will be a challenge to work with the Property Owner to figure out an area accessible by the public that also doesnt damage historic fabric. There may be different methods of installation but something well talk to the manufacture about and maybe there is a way to adhere it to the glass rather than adhering it to the masonry. Is there any additional Public Comment . Seeing none, Public Comment is closed. Well bring it back to the commission. I think it a great program. Im very supportive of it. Do you want us to weigh in on the size . Yes, it would be helpful. It seems there is a recommendation for the larger size for visibility. I have one comment which i think city of San Francisco Historic Preservation commission, the letter size is really big. My i eye goes right to that. Maybe it can be a thinner font and not quite so bold. Like if the city is this big and the commission is much bigger. Not to be humble or modest but it feels like my eyes went there first. Its more like a graphic thing. Thats my two 0. 02. I agree on the larger size. Its a great program. I support it. I just want to say as far as the first come first serve, make sure you put that in the letter. If they dont respond within 24 hours. [ laughter ]. I think its great. Okay. I think that is our final item, right . City clerk thats a wrap. This hearing is adjourned. [ meeting is adjourned ] selfplanning works to preserve and enhance the city what kind hispanic the environment in a variety of ways overhead plans to fwied other departments to open space and land use an urban design and a variety of other matters related to the physical urban Environment Planning projects include implementing code change or designing plaza or parks projects can be broad as proipd on overhead neighborhood planning effort typically include public involvement depending on the subject a new lot or effect or be active in the final process lots of people are troubled by theyre moving loss of theyre of what we preserve to be theyre moving mid block or rear yard open space. One way to be involved attend a meeting to go it gives us and the neighbors to learn and participate dribble in future improvements meetings often take the form of open houses or focus groups or other stinks that allows you or your neighbors to provide feedback and ask questions the best way to insure youll be alerted the Community Meetings sign up for the notification on the website by signing up using youll receive the notifications of existing request the specific neighborhood or project type if youre language is a disability accomodation please call us 72 hours before the event over the events staff will receive the input and publish the results on the website the notifications bans feedback from the public for example, the feedback you provide may change how a street corridors looks at or the web policy the get started in planning for our neighborhood or learner more mr. The upcoming visit the plans and programs package of our we are talking about with our feedback and participation that is important to us not everyone takes this so be proud of taking ann. It seems like everyone in San Francisco is talking about housing San Francisco housing prizes are among the highest it tops anyone Million Dollars and rent rise unfortunately, this is not the first time housing has been in the news thought california the cost of a home has made headline the medium prices for a house in the the 207,000 in california it is more than twice that amount and the laura u bay area is higher its more than doubled the states so while more than half of the americans can afford the medium fewer in california and quarter in the bayer and now fewer than a 6th of san franciscans can afford it so why it housing in San Francisco so go cheven condition tharz the obviously a high demand to live here the city is known for cultural diversities that attacks new residents and the credible opportunity our city diverse and will daytime committee grows jobs as a result we estimate the number of jobs is at ann an alltime 0 hive of 6 hundred thousand in the 80 the population was 6 hundred and 75 thousand now, its grown steadily and quickly the recent estimate is 8 hundred and 40 thousand the highest in the citys history and its not only San Francisco it is greek the bay area has 2 million for residents and jobs then in the 80 and the growth is expected to continue by the year 20403. 9 Million People unfortunately, our housing supply does not keep up with the demand i might not realize the majority of construction is housing thats been suspended for years due to the 2008 recession while population is increasing the housing is only increasing that i 9 percent if we dont pursues housing the cost of housing about only increase how do we plan the regional allocation identifies the total number of housing unit by affordable level to support the new residents San Francisco incorporates it into the housing elements that guides the housing policies the arena data places it in the investment plans for the growth throughout San Francisco those plans developed by years of Community Planning laid the ground work for the construction so the city he e sets the goals in broad terms the private sectors builds market rate housing and nonbuilt Affordability Housing that majority of housing in San Francisco as well as throughout the Country Market rate houses built by private developers within guidelines of the city some below market rate you howls paid pie public and private dollars and prized to be variable to certain population housing is considered affordable if it costs less than 1 3rd the medium income for a 2 percent householder is 70,000 this householder will have to pay no more than 7,150 to be affordable San Francisco has see long applied federal, state and local money often built and nonprofit tint for individual families the news cities in california what the Inclusive Program requires that 10 or ottawa more units to certain blow income levels or contribute to the fund that supports the blow market rate unit almost 25 thousand have been supported by city funds and more than 6 nous thousand of the unit were built between 2000 and 2012 what you cant afford a million will home youre not alone in response San Francisco mayor ed lee has set a goal of creating thirty thousand now emails homes by the year 2020 most will be in outreach of the san franciscan with federal and state funds drying up the San Francisco Ethics Commission is, taking an iv i of actually roll is providing housing across all levels were working diligently for everyone to live here and mr. Chair protect the housing semiand strengthen goals against evictions were commented for Housing Needs for all san franciscans to learn more visit highway hearing for thursday, november 5, 2015, disruptions of any kind. Please silence any devices that may sound off during the proceedings. If you dont know how please turn them off and when speaking before the commission, if you care to, do state your name for the record. I will repeat what i said earlier we do not have an overflow room roirpgd if you cant find a seat in the room