Make sure that this wont happen in the future . Im making sure that we get every permit required for all dispensaries. In the past, i wasnt part of the program, but from my understanding and the path a referral went to the department until land use was approved, then, the referral came back and it was marked approved or disapproved, but there wasnt specific conditions stated explicitly on that referral. Whereas with our referral now, when when we sent those referrals over, there was an explanation as to why they denied them and what they would have to do. Okay. But that thats all i can say. What i also want to say that i personally spoke to Larry Kessler, and Larry Kessler does not remember any phone call with anyone from bloom room authorizing him. At the directors hearing no, and i appreciate that. I dont think that is as concerning to me as the fact and i agree with you as far as and then, the last question, going back to the permits for onsite consumption. Now, the application if if a facility is grandfathered, do they have to go through all of these controls, designated room, etc. , or theyre grandfathered into their current facility . They are grandfathered into their current facility, and those were the midispensaries that are explicitly designated during the land use hearing for consumption. So every place you saw today, they checked off yes, they want to. Yes, they want to. There were those that said they wanted to, and the Planning Commission said no. There were those that wanted to, based on how far they were from the schools and all that, so those did not have to. Thank you. I have a question. So going back to my earlier line, do you know how many of those that include smoking on premises, and are there disadvantages in terms of the business, disadvantages in terms of approval . Im just wondering what motivates a dispensary to go one way or the other . Are you talking about currently or in the past . Probably in the past. So right now, id say there was about eight facilities that are allowed to smoke. Theres about 36 storefronts, and then about 20 something deliveries, so the percentage i cant tell you when the initial when this all began, and the medical Cannabis Dispensary Program can, and they applied, i cant tell you the percentage. Thank you. Clerk thank you. No further questions. Commissioner honda thank you. Clerk okay. We will now hear from mr. Sanchez. Thank you. Scott sanchez, Planning Department. This did not receive a variation from the Planning Commission, it was a d. R. Th they when they listed the specific actions that would be taking place onsite, they did not list smoking onsite. We have an excellent working relationship with Public Health and find theyve done an excellent job over the years with regulating. I think everyone has taken this work and responded very quickly and accurately to the issues that have come up, just as in the case here. But the fact is the applicant the appellant in this case, they never asked for and received approval from the Planning Commission for that. They need to come back and change their application. I dont understand from the point of the appellant what made them think that the permit that was before them would allow them to do onsite smoking when they did not apply for that. And when we even have the notice here. Very clearly says would not amend onsite smoking, vaporizing or cultivation. They havent been able to provide any subsequent documentation or communication that would authorize. Thats what led us to our decision here. They have the ability to go back and modify their application if th application. If they would like to change that scope, they can take it back to the Planning Commission with that. Thank you. Commissioner honda thank you. Vice president swig i just want to go on with something very clear because if its not something that the appellants wish, the appellant still does have very clear options according to the law to go back to planning, make a proper application for a permit to change the use of his facility, correct . Correct. Go back to the Planning Commission stating their intention to have onsite smoking. They would need to meet all the relevant requirements in place to add that for as a new factor or as a new element. Vice president swig so substance of this discussion tonight is we have laws, and we have process. The Health Department says the law is this. Its being we cant allow it to be abused, and also, there is a law that states if you want to do what you want to do, you cant cut the corner, but well be happy to talk to you about building a new structure, metaphorically to do what you want to do, maintain your good employees, maintain your good customers, but do dit to the law. Thats our discussion tonight. Yes. Thank you. Clerk thank you. Commissioners, this matter is submitted. While i dont enjoy these actions were observed for many years without consequence, which might lead someone to believe its okay, the permit does not allow onsite consumption at the bloom room. There is a process to allow onsite consumption. I understand it would have expense and impact on the business, but it doesnt seem that this i just cant really see a way to find for the appellant in this case. Commissioner honda so as a commissioner, and my fellow Vice President has been on this board for sevenplus years, the cannabis appeals were quite long, into the night, sometimes till 1 00 in the morning. In this particular case, similar to my fellow commissioner, you know, the concern i have, to be honest, counselor representing them was displayed as the owner in this particular case. He was quite aware of the terms which he was able and back in 2012 rks youve g, youve g remember, this was a grand thing to get a dispensary license. But he signed on the dotted line of how he would conduct this business. And im a little concerned that during this whole time, hes been in violation of his permit. Vice president swig do we have a motion . I move we would deny the appeal on the basis that the denial was properly issued . Clerk okay. We have a motion from commissioner tanner to deny the appeal and deny on the basis that it was properly denied. On that motion [roll call] clerk okay. So that motion carries, 40, and the appeals denied. We will now move on to item number 7. This is appeal 19089, liliane and Michael Silver with department of health. Appealing the issuance on august 12, 2019 of an alteration permit, permit for an existing hatch to basement for removal of yard waste via garage in response to complaint 201977121. This and we will appehear from the appellants first. Commissioner honda good evening, welcome. Good evening. Thank you. Id like to read from my notes, if thats okay. Members of the board, this is very simple. The h. O. A. Needs to vote. Were having that meeting on sunday. The h. O. A. Has not been provided a chance to vote on whether to allow the door despite my efforts. In fact they built the door without two of the owners two of the four owners knowing about it year ago before it was discovered. The applicant has become president and has resisted holding a meeting before today. We now have an h. O. A. Meeting on sunday and this is on the agenda. The c. C. And r. s do not allow alteration of the common area without consent of the owners. Since the first meeting after miss tamez has been on the h. O. A. , shes diverted meeting dates and changed locations offsite. T they have sectioned off the desired area by putting up a wall and designated another, much smaller area, for the other three owners to have a storage, again, without the knowledge of two out of the four owners. They have built a workshop in their area, the fumes of which has gotten into the nearby furnace and entered into the small apartment. All owners have recently agreed unanimously to divide the common area equitiablely and divide it into storage spaces. As we planned the area of storage space, they allowed to include the door and Square Footage to require an easement from the door to the garage. [inaudible] i deny all other allegations they put in the brief. I was formally put on to the deed in 2011. My mother and i bought the apartment together. I was always an operating owner. We were the first to buy a unit in the t. I. C. My mother and i purchased it together, and i was there before suna moved in, however, this is irrelevant since they did it without the knowledge of two out of the four owners. My mother, as well as two and four had no idea what was going on in the common area as they built this in the substructure of the common area of the building. I have a question. Is there some sort of section on the permit where the h. O. A. Has to disclose . Commissioner honda i have a question. It it its a t. I. C. Do you have a c. C. And r. s . We are a condo. Commissioner honda okay. So you have converted. Congratulations . Okay. Do you have an h. O. A. , and how often do you meet . It is very informal at this point. Clerk thank you, are you done . Can i just clerk sir, you have four minutes, if you like. Just briefly, the other party submitted some documentation about other openers. Commissioner honda yeah. Can you speak into the mic . The other owners agreeing and wanting the door to exist. However, thats misleading because theyve been postponing the process so long, they just want to expedite and get the process done. I think the board needs to recognize that they just want to get through with the process and not complete the im sorry. I didnt notes to ill finish there. Commissioner honda and just are you done . Yeah. Commissioner honda did you have any pictures, because there was not in the brief, and its sometimes hard to imagine what youre talking about because i see the door from the outside and some other space being used. I believe the appellant included pictures in their brief . Commissioner honda okay. I didnt see any. Ill ask them. Pictures of the door . Commissioner honda ill ask them. It was supplied in the documentation. Last question or not the last question, but building on the point of understanding the layout, there was a garage or a basement area that has enough space to exit out on to the back yard. Its a small its a hatch, as you have described it ive checked the dimension and its 5 feet. And it connects on to an area thats going to be storage, correct . And that connected further to the street or the garage. And the rear yard, are there portions that are common used or portions that are deeded to other units . No. Its an e. U. C. For the appellant. So its exclusive use to the permit holder . Okay. Thank you. Clerk thank you. Any thank you. Okay. We will now hear from the permit holder. Hon commissioner honda good evening and welcome. Hello. My name is suma tamez. We became an h. O. A. In december 2019, after i had my lawyer send miss sommers a letter commissioner honda im sorry, could you stop there time . I have a question. Sure. Commissioner honda both have referenced photos that are in the brief. I have 11 copies here, and we can project them, as well. Commissioner honda was this submitted to the office . No. Commissioner honda okay. We will continue your time, and sorry for the interruption. So we are an h. O. A. Due to my efforts to move this forward. Yes, it will be our first formal h. O. A. Meeting on sunday. Due to the type i dont want this turning into judge judy, so lets say its hard to get anywhere in the same room with certain people. Lets stick to the permits. Theres a preexisting hatch before the condo conversion. We have had, based on our c. C. And r. s, approve the permit of the hatch. The c. C. And r. s govern these types of discussions, so im sorry its coming to you to debate some sort of deeper issue. We will also show you photos of the garden, which is my exclusive use, a 1600 square foot garden . Theres no access siible entra. Our only option would be to go up carpeted stairs, through two 90 angles, and through my complex. Miss sommer requested a permit. We obtained the permits, and now shes appealing the permit. So there is a history, im just going to call it harassment. With that, im going to turn it over to Mark Sinclair to show the photos. Thank you. Hopefully, this is a brief appearance here, but im the Structural Engineer and also i live at the address. So i think you have seen the photos. Were happy to provide you copies. The drawings were submitted in response to the to the notice of violation, and we responded within the time requirement. I submitted stamped drawings that were approved in an overthecounter permit on october 14 sorry, august 14. And we received the job card and the signoffs, and i got the final inspection done two days later. No construction was required. The the hatch is 3 foot by 5 foot. The original construction did show a door in this location. It was never constructed. That was because there wasnt enough clear height to put a door in, so maybe it was simply an oversight. A fullsize door is not required because we do not meet the exiting demands with two exits. This is just a hatch, a little itty bitty hatch so we can bring manure out of the yard and put it in the storage unit. Its something that should have been handled by the h. O. A. And has not. I think thats about it, if you have any questions. Commissioner honda i do. How many people is it is a fourunit h. O. A. Commissioner honda and were here to check the validity of the permit, not necessarily the ownership. You said you had three of the four yes. With us and with the two letters of support of the other units, thats three out of four, and if miss sommer would have bothered to check with the other parties, she would have known that. Commissioner honda youre keeping us company. Its all entertaining. Its fine. Am i on t. V. . Clerk thank you. Commissioner honda thank you. 12k3w4r now havi 12k3w4r now having sfpd and sffd called on me rks a, and t Planning Department, im doing good. Clerk okay. Well hear from the Planning Department no, the building department. Commissioner honda wouldnt be a night without hearing the brogue. Good evening, commissioners. Joe duffy, d. B. I. Just in response, the permit was actually approved by several different divisions within d. B. I. And the Planning Department, as well over the current exterior work but at the rear of the property. On the filed on the 14th of august, issued on august 14. They immediately sought an inspection and that was completed and within the 15 days, an appeal was filed, so we had an issued, completed, and suspended permit within 14 days. The building did go through the condo conversion process in 2015 successfully. We issued a final completion for that. They have a really good permit history on the building going back. There have been a number of permits completed on the building from the early 2000s to date. We issued a notice of violation for that work, and donald duffy wrote the notice of violation at the rear of property, the work frame would have wood frame would have been removed to accommodate an area of open. New framing installed to accommodate a new opening. File for a permit, which is done, obtain a permit, which is done, and complete all the work, which is done. So thats thats what we have. Even theres a notice of violation for work without a permit, it may have been preexisting. Im not sure when the work was done, but when we get these types of complaints, we do have to investigate them, and if it looks like work that should have been a permit, we will issue a notice of violation, and even if its done five years ago, six years ago, if the inspector feels it was warranted. In some cases, we will allow the Property Owner a chance to get a permit. In this case, there were drawings and stuff to do, so some people do get away without getting the n. O. V. If theyre off the mark, if they know theres a complaint on the property and they come down and get it. In this case, the inspector did the notice of violation. I will say its not the most serious violation, the hatch in the back of a building, but i am available for questions. Commissioner honda i just have one question. I dont recall on the pink slip, it just says owners information, it doesnt say h. O. A. Or anything like that. Thank you for the reminder. No, there hadnt anywhere on the application. Thats a different but that doesnt involve the department at all. Commissioner honda and i would imagine the inspection history is pretty tidy because they were able to convert from t. I. C. To condominium. And there was a chance that the hatch was there when the inspector came, and they didnt note it. Obviously, they need to get together and sort this out. That would be better. Commissioner honda thank you. Clerk thank you. Is there any Public Comment on this item . Okay. Well now move on to rebuttal, so well hear from the appellants. You have three minutes. Okay. So the hatch was built about six years ago, and a unanimous vote is required in order to change the common area of the building or any part of the building. Would you like me to read the line in the cc a. C. And r. s t indicate commissioner honda its a civil matter. So its for the courts to decide . Commissioner honda correct. But it does require a unanimous vote ill read this. Actions requiring a 100 vote. These are the c. C. And r. s that we just signed. The association shall not take the action without 100 approval of the units except without as defined in this exception. They did not have the authority to apply for a permit, and i would like to see a permit because there must be a checked box somewhere that addresses this and requires the applicant to disclose if they have permit from an h. O. A. Is there a copy of the permit available . Commissioner honda are you done with your time . You still have 1 20. You have anything else to say . I think the letters that they submitted, that the majority have approved it is very misleading because theyve dragged on the process through the t. I. C. Through so long. The other members really just want to be done with any kind of interaction with that party because theyve cost the group a lot of time and effort to get through the process, so theyre just looking to get it done without any additional impediments. Commissioner honda are you done now . Clerk you still have 50 seconds, if youd like to 12k3w well, i just hope that everyone heard my argument that i made in the beginning. Its really simple, that they shouldnt have been allowed to get a permit because they didnt have the right to build into the common area. Clerk okay. Thank you. Commissioner honda thank you. So i will answer one of your questions. The board of ap