We will also be joined by representatives of the city departments that have cases before the board to this evening we expect scott sanchez, and also representing the Planning Department and Planning Commission. The chief billing inspector will be here for the department and building inspection and joseph duffy, senior building inspector representing the built the department of building inspections. We also have the Program Officer for the San FranciscoArts Commission and the urban forest are from San Francisco public works here for urban forestry. The board request to turn off or silence all phones and other Electronic Devices so they will not disturb the proceedings. Please carry on conversations in the hallway. Appellants, permit holders and Department Respondents each are given seven minutes to present their case and three minutes for rebuttal. People affiliated with these parties must include their comments within the seven and three minute periods. Members of the public were not affiliated have three minutes each to address the board and no rebuttal. Please speak into the microphone for continued cases, the parties get three minutes each with no rebuttal. To assist the board and accurate preparation of minutes, youre asked but not required to submit a speaker card or Business Card to board staff when you come up to speak. Speaker cards are available on the left side of the podium. Four boats are required to grant an appeal. Please note the board reserves the right to not call an item after 10 00 p. M. If you have questions about requesting a rehearing, the board rules, or hearing schedules, speak to board staff during a break or after the meeting or call and visit the board office. This meeting is broadcast live on San Francisco government tv, cable channel 78, and will rebroadcast on fridays at 4 00 p. M. On channel 26. The video is available on our website. It can also be downloaded online now we will swear in or affirm all those who intend to testify. Please note that any member of the public may speak without taking an oath pursuant to the rights under the assumption ordinance. If you intend to testify at any of the proceedings and wish to have the board give your testimony evidentiary weight, stand if you are able, raise your right hand and say i after you have been sworn in or affirmed. Do you swear or affirm that the testimony youre about to give will be the truth, the whole truth, and nothing but the truth thank you. Please be seated. Item number one is general Public Comment. This is an opportunity for anyone who like to speak on a matter within the boards jurisdiction but that is not on tonights calendar. Is there any member of the public who wishes to speak at Public Comment . Please approach. Good evening and welcome back thank you. According to a Lawrence Laboratory study, american strain stream 3. 2 billion hours of video in 2011. This crates enough power to 1. 3 billion kilograms of co2 were admitted into the atmosphere contributing to climate change. With 5gs needless ability to download videos in a matter of seconds, this all will dramatically increase. Willie taylor, the u. S. Department of interior has contacted the u. S. Department of commerce stating that cell phones, cell tower radiation is biologically harmful to birds. He has Statutory Authority over wildlife and the u. S. Department of commerce sites cell towers. A recent science journal report states north americans north americas bird population has dropped 29 since 1970. Birds are literally the canary in the coal mine. The difference between life and death. Health and habitat are one and inconvenient truth. Rigourous studies inclusively show that huge populations of wildlife are adversely affected by e. M. S. In addition to radiation, man made magnetism obscures the fields and animals rely on this magnetic superhighway to navigate their way to feeding and mating grounds. There are insects and birds that puts google maps to shame. And sex antenna and birds beaks are high in magnetite act as a compass during their yearly migration. We are also connected to earths magnetic field. Is in charge of our circadian rhythm and ability to sleep. Lack of sleep elevates cholesterol and Blood Pressure and interferes with the livers ability to detox. High amounts of cortisol are release and converted into insulin. 30 of the population have difficulties with sleep, 10 have chronic insomnia, and 40 9 of the population that is symptomatic has acute insomnia. 5g will further disrupt earths magnetic field. July 5th, 2019, San Francisco s Planning DepartmentEnvironment Impact report states that 30 of a major antenna on the top of the tower will be replaced with 5g. The tower will be 5g over the whole city in conjunction with multiple cell antennas per block in all of San Francisco. This is technological madness. It is a mistake to think that because our technology is so powerful that we are that powerful and that invincible ourselves. We are not. The truth is the opposite. We are delicate and vulnerable as insects and birds. We live and die as they do. We need divine intervention to stop 5g now. Thank you very much. Thank you. Is there any other general Public Comment . Okay. Seen none, well move onto item number two. Commissioner comments and questions. Commissioners . Okay. It is our last meeting of the year. I want to thank staff for this year and we will see everyone in 2020. Thank you very much. That is very kind. Thank you. Is there any Public Comment . Okay. Seen none, we will move onto item number three. Commissioners, before you for discussion of a possible adoption are the minutes of the member 20th, 2019 board meeting. Commissioners, comments or motion . Okay. We have a motion from Vice President lazarus to adopt the minutes on as submitted. [roll call] that motion carries. Was there any Public Comment on that motion . That motion carries. The minutes are adopted. We will now move onto item number four. This is appeal number 92007. Subject property is 610 delmar appealing the denial on generally seventh, 2019 of the site mac permit. Extension of existing tariffs and railing at the main liver living room floor. No alterations new alterations in front of the house. On september 11th, 2019, the board voted 40 and commissioner tanner was absent to continue this matter to october 23rd, 2019, to allow time for the parties to work on a Settlement Agreement. If a compromise was proposed, it would be reviewed and proposed to the next hearing. On october 23rd, the board voted 40 to continue this matter to december 4th to allow more time for a settlement discussion. If the board grabs the appeal, this constitutes approval action for the purposes of ceqa. As up a luminary matter, commissioner tanner, have you had the as a preliminary matter, have you had a chance to review the materials . I have. Thank you. We will hear from the appellant first. Good evening, members of the board. My name is amy and im here representing the family on their appeal of the Planning Commission to take d. R. Which resulted in denial of the permit to repair the solariums leaking roof and minor deck extension. Through the lawyer, they have not only delayed the june on october hearings but have not been available for meetings and mediation. It is unfortunate that despite an open range of dates, the only time they could meet was the meat the week during thanksgiving. Since the last hearing, we have drafted renderings and made some sincere efforts to come to an agreement. At this juncture, we respectfully submit two important points. One, review of this project as approved by the Planning Department in december of 2018 clearly establishes this project is fully code compliant and satisfies the residential guidelines that were set. They recommended not to take d. R. And noted this project quote is modest and due to the intervening buildings and topography, if it it is not entirely invisible from china beach a setback 3 feet from the sidelines and does not present exception or extraordinary new conditions with respect to light or privacy. Whether due to lobbying as fellow members of social Political Economic circles, the commission wrongfully denied the Commission Based on their own incorrect interpretation of the agreement as being in perpetuity , notwithstanding there is not there is no recorded it is noted in exhibit 7 thats because it is a private agreement, we honor that and take that as a basis for our actions. Given the partys discussions and changes to the final agreement by the attorneys, it is clear the 2011 agreement was only applicable to the renovation at that time and did not bide any future expansion to the debt. The interpretation or education of the civil agreement is not within the jurisdiction of the Planning Commission. It has been difficult for them to reside next to neighbors who, for some and explicable reason, do not light that like them. That should not stand in the way of the making repairs. It was suggested that the design could include a roof shape that might allow a future owner to explore a deck expansion. They need to make their roof repair. They have very little open space given how the house existed prior to their purchase. They simply would like to optimize their roof repair by getting an additional 200 square feet of open space on their existing deck. We request that this board will return the Planning Commissions decision to take d. R. And grant the Home Renovations permits is privately submitted, reviewed, and approved by Planning Department staff. Thank you. Thank you. We will now here from the man who represents the section 14 party. Thank you, members of the board. I wanted to report briefly on i think there are letters in the file about the discussions that have been taking place over the last couple of months. Progress was made. No final agreement was reached with respect to a compromise. They have been very clear that they are willing to accept and agree to a roof over the existing structure and replace the solarium that is there. We did agree after the recent continuance to try to mediate and we agreed on a mediator, but unfortunately we couldnt get a schedule that worked for either side. When we were available, the other side was not and when they were available we were unfortunately not available. So although we would encourage and we continue to be available for further settlement discussions and a mediation, we havent been able to schedule one to date. The issue at this point is with respect to privacy in the rear yard. Then and the rear yard open space. The reality of the situation is this would be the only deck in the rear yard in the corner of that block. Residential Design Guidelines clearly show that in those circumstances, consideration needs to be taken both to that impact as to and as to the privacy impact. I want to stress that they have no objection to putting a roof over the existing solarium and addressing the leak conditions that do exist. Unfortunately we have not been able to agree on an acceptable design at this point. Thank you. So if the board does not reach a decision, are you open to another continuance for further discussion . Absolutely. We would actually want to do the mediation that we discussed and tried to reach a full on final agreement that we can live with for both parties. Okay. Thank you. Without mediating here on the spot, can you explain why you think mediation would be helpful given the red lines that each site have taken which are mutually inconsistent . Im always hopeful and optimistic that a third party who does this for a living can bring the parties to a final agreement. Its not always easy when individual lawyers are trying to council clients, but having a third party with experience who gets paid for this, im optimistic. That is why i was pushing and continue to push the idea of a mediation, we just couldnt friendly the problem was becoming get a date. Thank you. We will now hear from the Planning Department. Nothing from mr. Sanchez. Is there any Public Comment on this item . This matter is submitted. Scott, you wont say anything i will complement you go to mexico for a week and you come back with a beard. [laughter] does anybody want to start . Sure. As our City Attorney has noted, the Planning Commission denied this permit based on a Settlement Agreement between the project sponsor and the neighbors from the 2011 agreement. I dont see in the file any evidence that the terms of the settlement were incorporated into any city approval or recorded as a restriction on the property. As you know we have advised and passed the enforcement of private contractual agreement is outside the boards purview. If the board is inclined to uphold this denial, it would reduce the risk that you know , as i mentioned in the last hearing, this is a noble hearing and the department has stated that the project was correct. At which point i dont feel that a private agreement should be upheld by this department. Considering that you could wait a year to resubmit new guidelines new guidelines have changed in the last year that maybe the department can speak to that. The beard looks good. Thank you very much. Will you tell my wife that, please. [laughter] the question is that if a permit is denied, they can then reapply after a oneyear period. Correct . Yes. If it is denied, they can apply within one year if there has been changed to the project that led to the denial of it, otherwise if it is essentially the same project, they have to work one year. And then looking at the drawings from i. Memory, if they were to apply for that same permit now, would it still be code compliant . I believe there is a threshold change for the rear yard. I believe it would no longer be code compliant because the rear yard requirement in the Zoning District has increased from 25 to 30 so that would be an issue. This one is grandfathered in, but if a new permit would come in right now, a be subject to the requirements. What happened at the Planning Commission has no bearing. What was your department why did your Department Request a no d. R. . The Department Staff and the design team reviewed the project and found it to be compliant with the planning code and the residential Design Guidelines. It was and brought forward on d. R. The commission, as you know, is the final voice on the discretionary review applications and they found that it was not appropriate and made that finding. Perhaps the findings could have been stronger in terms of outlining the reasons for the denial, but as i stated at the previous hearing, there was discussion amongst the commissioners that stated concerns about the imposition on the midblock open space, although it is code compliant, it does extend further to the rear yard than other structures and they found that to be an issue that didnt make it into the final decision necessarily. We have discussed this with staff so we can be sure that we properly articulate the findings of the commission and the commission itself articulates those finding as findings as well. Specially when you take a denial in the code compliant project, you should be clear on the findings you are making in doing so. Thank you. Thank you. Again, as i stated at the last hearing, i dont i think this project is really code compliant and i dont feel like i would support something that would honor an agreement a private agreement. I think that is for civil litigation. I would agree with your assessment. Anybody else . I agree with commissioner honda as well. Does anybody want to make a motion . I make a motion that the appeal is granted on the grounds that the project is completely code compliant. Okay, we have a motion from commissioner honda to grant the appeal and overturned the Planning Commissions disapproval of the permit and issue the permit on the basis that the project is code compliant. On that motion. [roll call] okay. That motion carries 50. The appeal is granted. We are now moving on to item number five. This is appeal number 19128. Appealing the revocation on november 5th, 2019, of a Walter Molina berrios street artist license. This is permit number 8337. Mr. Berrios, we did arrange for an interpreter in the event you needed one. Would you like to have an interpreter . I think i might have an interpreter you will get double the time but you need to speak in spanish and he will interpret in english yes . Please. Good evening and welcome. You have 14 minutes. [speaking spanish] voice of translator i came today. [speaking spanish] voice of translator to ask the board of appeals to overturn the decision. [speaking spanish]. Voice of translator the relocation of my license made by the Arts Commission. [speaking spanish] voice of translator because of an incident that happened on the 5th of june of 2019. [speaking spanish] voice of translator the parking lot next to the adjustment the Justin Herman plaza. [speaking spanish] voice of translator i was working at that moment. [speaking spanish] voice of translator i was next to a car that was parked next to a fire hydrant. [speaking spanish] voice of translator i was with the owner of the car. [spe