Kelly wong Code Enforcement manager with planning. Present in the front is Matthew GreenInspection Service for dbi and we expect 2 represents from the department of Public Health. Upon item 6 well be joins by representative from thes California Department of toxic substances control. Whitney smith the project manager and shaw project manager. And doctor rothwane to beingicologist. Kim walsh. Unit chief and branch chief. Board meeting guide lines requests you turn off all phones and other electronics so they will not disturb. No eating or drink. Rules of presentation, appellates and permit hold and spantds 7 minutes to present and 3 for rebuttal. People affiliated include went 7 to 3 minute periods. Members not affiliated have 3 minutes. Time limited to 2 minutes if the agenda is long or a lot of speakers. Our legal assistant will give you 30 seconds before your time is up. 4 votes are required to grant an appeal. If you have questions about requesting a rehearing the rules or schedules e mill staff at board of appeals sfgov. Org Public Access are of importance. Sfgovtv is broadcasting this hearing live and receive Public Comment for each item on the agenda. Sfgov. Org is proviing closed captions. Go to sfgovtv cable channel 78. The live stroll is on the home page on sfgov. Org boa. Public comment in person. Zoom. Go to the website and click on hearings and the zoom link or by phone. Call 6699006833. And access code 884 4014 0096. Sfgovtv is streaming the numbers and access instructions across the bottom of the screen. To block your phone number dial star 67 then the initial dial star 9, which is equal to raising your hand so we know you want to speak. You will brought into the hearing. Dial star 6 to unmute yourself. Have you 23 minutes. Our legal assistant will provide you with a verbal warning well is a delay with live and what is broadcast on tv and the internet t. Is important that people call nothing ruse or turn off volumes on televisions or computers otherwise well is interference if anyone on zoom need disability or technical make a request on the chat function or send an e mail to board of appeals sfgov. Org. Note that well take Public Comment first from those who are present in the room. Now, we will swear in or affirm all those who intend to t. Any member may speak without an oath pursuant to the sunshine ordinance. If you intend to testify tonight and wish the board to give your testimony evidenceary weight raise your right hand and say, i do. Do you swear the testimony you are about to give will be the truth and nothing butt truth . Thank you. If you are a participate and you are not speak put your zoom speaker on mute. We are moving on first to item 1. This is general Public Comment. This is an opportunity for anyone who would like to peek on a matter in the boards jurisdiction but not on the calendar tonight. Is there anybody here withhold like to speak on an item not on tonights calendar or anyone on zoom. I dont see anyone. Well move on to item 2. Commissioner comments and questions . Commissioners any i see mr. Trasvina . Thank you. Commissioner, good even, everyone. At our last meeting commissioner lemberg commented about Public Comment and avoiding down. I appreciate and i concur in his views and appreciation for Public Comment. Im concerned about today and frustrated looking at this agenda and previous agendas, and because of the brown act i dont know whether i can bring this up prior to or at meetings. I want to layout my occurrence the length of the submissions from the parties. Briefs are supposed to be brief. We have a page limit of 1214 pages and we are getting literally thousands of pages on various cases and sometimes they are repetitive documents and in 2 case today i go through i dont mind going through the record it it is important but when there are hundreds of pages one case over a thousand in another. Whether repetitive we are not only making it more difficult and possible low in need of moving back deaddead line for submission and sends a message to members of the public that perhaps you need a high priced lawyer to get in front of us. Or if you are going to appeal something you will go up against somebody had has the wherewithal to put up a thousand pages against you. Thats not what we are hear for we are supposed to be accessible to the people. Not always the case that is happening. And one of the matters we had to go through a thousand pages a week before you found the departments position. I dont know that is internal issue or whether there is a rule that needs to be done or Public Comment on it. I want to i do want to express my concerns that we dont lose touch with the public by being hit with paper that does in the help us get to the substance of the matters before us. Thank you. Commissioner eppler. Thank you, commissioner trasvina for that i recall when we had paper submissions there was a discipline in printing of this and perhaps electronic submissions made it easy. I want today acthanking today was the first day of classes in the School District and wanted to give a shout out to staff and teachers who made the campuses nice for students parents today. Thank you all for that. I will take a second to echo both those comments. I think with respect to the agenda before us and public upon comment, given the first i want to welcome everyone who came this evening. Not parties but the public. But to that end, if it looks like the meeting will be long, i think well may be an interest in considering the shortening of Public Comment even though i echo the expressions of my fellow commissioners who appreciated expressed preservation for Public Comment. I enjoy Public Comment i enjoy the opportunity for Public Comment in other public hearings as a member of the public. And i have for several years, well is a luof diminishing returns to the length of meetings and our ability to review large volumes of documents. And thats another area where there may be some efficiencies to be gained. Without sacrificing much in the way of public expression and comment f. We have i big volumes that may be in play. With that. I think we can move on. Okay. Thank you. Is there Public Comment on this item . Raise your hand or approach the microphone. I dont see any Public Comment we am move to item 3. Commissioners before you for adoption are the minutes of august seconded, 23 meeting. Private hearing. Commissioner lemberg reached out and let me know a speaker in 7a and b her last name has 2ns not one. Make that change. Commissioner trasvina. I move to approve the minutes with that correction. Okay. Thank you. Is there public ment on this motion . Raise your hand. Okay. We have a motion from commissioner trasvina to adopt the minutes amended as corrected by commissioner lemberg on that motion Vice President lopez. Aye commissioner lemberg. Aye commissioner eppler. Aye we are moving on to item 4. Appeal 23032. Julie sieh. 354 head street on june second to a notice of violation the property is authorized for residential use with single unit the violation pertains to unauthorized unit on the ground floor near the garage. Sf we will hear from the appellate first. And i believe her attorney is present . Mr. Goodman. Welcome. Thank you andrew. I apologize. No problem. So im andrew catral appearing for the appellate and the appellate is appealing the Planning Departments june second order to revise unauthorized dwelling in her Single Family home at 354 head street. The Planning Departments order is demanding appellate create now rental house negligence her Single Family home. Appellate does not have the financial capability. 2, it would amount to the violation of the citys own codes and 3, order of this affect is preepted by state law allowing landlords to exit the rental business. The unauthorized dwelling unit built by appellates father after purchasing the home in 2005. The family made the unfortunate decision to rent out per of their home to a tenant. The tenant complained the unit live nothing Single Family home was illegal and the appellate went throughout process of getting the permits to legalize the unit. This was in 2016 when she applied for the permit and thought she could achieve legal iegz the unit. She thought at that point the tenants would cooperate with her efforts to legalize that was wrong the tenants were not cooperative and dragged on for years. We are now to the point where legalizing the unit am cost the appellate according to her contractor 305 thousand dollars. And it will result in din nugz of value of 180 thounz. Property. Appellate is in the a landlord. She is in the a wealthy woman. In 2019 fell tr a ladder and injured her vertebrae. Had trouble working. Her income rused to 13 thousand dollars a year. She in the only afford to make it to the unit she cant ford to be a landlord n. August 8 of 2023 invoked the elis act removing the entire property from the rental market which is the only rental aspect of her property is this unauthorized unit. As part of this process paid the tenants 10 thousand dollars in relocation fees and will pay another 10 thousand dollars in fees when the tenants leave the unit. If according to pursuant to the notice tell be in 8 months after it was served alcohol be in december 2023. Can at this point the unit empty will make an effort to legalize the unit. Had she cant do and capable of doing is turn thanksgiving to another legal dwelling unit within her own unit. And it is something that the city cannot do. California government code 7060a presented public ebtities compelling landlords to continue to offer accommendation in property for rent or lose. There are case laws that prevent cities from doing what the Planning Department is attempt to do here which is to force a landlord to create or maintain housing within their own property of and finally, the citys order legalize the unit violates its planning code 207. 3b2 says that a land owner cannot legalize an unlawful unit if a no fault e vingz with the elis act notice. The mraveng department is force the appellate to do something by its rules would be illegal. If there are upon unlawful conscience in the unit the appeal appellate the legalize them but cannot do so until it is vacant and she expects to happen december of this year with the requests the board to do is grant a continuance to her and until that time when she can legalize the unit and stay any penalties until that time. I will be available for questions. If there is extra available time mrs. Sieh would like to talk to not make the conversion the city is asking. Yes, you have 2 minutes and 25 seconds. Of if you could approach the microphone. Thank you. Everyone i try very hard to you know try to be sure that legalize the place since i got 205 i have an application for i work all the time with the tenants but the attentives it is like they dont want to move out for all the reasons and i got a 2017 started to have cancer for Breast Cancer and surgery. I have memory prevent [inaudible] and broke my spinal cord. After that i will i struggle. I tried very heard to live all this. But even i try to say, move out. Let mow do it and i can rent my place after later you can move back. They did not want to move out so it is like many years i have to answer the price and have no income. Over 2 years i have cancer. And then i cant do any jobs. And later i wonder after another and lost a job i have memory problem and all i only stand 15 minutes walking you know after walking i have remember i walking i have to rest awhile. So it is like for my job i all the time i lost job i cant do like a continue to dot job 8 hours. I only thing i can do is like you know translation or sometimes handle something short low. Thats all can i do the job. Right nought other total cost is 305,000. Thats like a giant amount for me. I never can make it you have 30 seconds. I hope you guys understand i did my bechlt gave them the place to live to live to my accomplice i move down stair they dont want it. You know they want the front and back. I move back they dont want it. They want to keep both i say you have one when you move back after legalize and another front and become they didnt do it. Thank you. Thank you. Kweel hear from the Planning Department. Good evening Vice President lopez and members of the board tina tammy deputy Zoning Administrator. 354 head street a 2 story family in rh1 zoning the appeal for the notice of i have lagdz on june first, 2023. The notify violation describes it including illegal construction. In illegal conversion of a residentses to a 2 family dwelling. The notice provided a time line of the investigation and out lines the corrective step it is needed abate the violations. As stated on pain 5 of the notice of violation. Failure to respond within 30 days result in the assessment of penalties. Penalties are 250 dollars for each day violation continues un, baited. And the penalties starts on the 31st day of the deaf notice. Only if nov becomes final. The appellate is the Property Owner mrs. Sieh. And because the nov is not final due to the appeal no pents are currently be assessed. From mrs. Sieh. Before i sum rise my response to the argument i like to point out that this notice was the fourth notice sent to the Property Owner. Previous to this notice we sent a notice of complaint. A notice of enforcement. A notice of required compliance to mrs. Sieh required what is needed to abate the violations on her property. The nov the next action in our process. Based upon records the 2016 corrective permit for 354 head is to legalize the unit on the ground floor. This permit was filed by the Property Owner after her attentive in thes udu had filed a wrongful eviction petition with the rent board. The rent board information is per of the appellates exhibits. Her tenants in the udu since 2004. Seeing this permit is on legalize and complies with the planning code and addresses the violation staff approved the permit. While being for different types of violation can vary and udus take 1two years this case has remained unabated for a very long time. To date corrective permit to legalize remains issued but not completed. It happen when it is complete by dbi. During all of the conversations and communications the owner and the planner the owner has never expressed an interest in not legalizing. The Property Owner is now saying one, no longer interested in legalizing the unit. Two, plans to file an elfact eviction to remove the unit or the entire property from the rental market. And she believes the planning code violates her right to privacy. It is appears after many years of work width owner to abate violations she changed her mind. Regardless. Of how the Property Owner choses to abate legalize the unit or remove the unit it remains undisputed there are violations on this property. The Property Owner has not abated. Not performing the work in the corrective permit has been issued 4 years ago, institutes not dem stating good faith to comply with the code. She is an owner wishes to remove she can by filing a cu authorization. The department asked that the board deny the appeal andup hold the issuance of the notice of violation on the basis the za did not error or abuse discretion. This concludes my presentation. Happy to answer questions. Thank you i dont see questions well hear from dbi. Good evening Vice President lopez. Matthew green representing dbi. This is an appeal of a Planning Department notice of violation i like to add information. There is a 2016 permit to legalize this unit. Issued in 2019 and extended in 2022 and permit is valtoyed 2024. There has been no inspection as of date work has not commenceod this permit. There has been dwelve different complaints since 2007 about this building. Various no heat. Broken windows and a Company Complaints about the illegal unit we have one active notice for the heat in the building. This is Background Information does in the apply to the notice of planning notice of violation. The dbi does not have a notice of violation there was a permit to legalize the unit when the complaints came in we made note it appeared the owner was trying to legalize the u nit. I would say if she changes her mind she would have to cancel this perimism remove illegal construction you need a permit to legalize or to remove the illegal unit. We have an economy from commissioner trasvina. Thank you. I will keep it short. Am i to take from your testimony that dbi heads known it has been a rental since 2007 . No we had various complaints about a maintenance issues. There are i can go over it. No , i dont need the details. A complaint about a may nots issue come from correct. Yes. Tenants. Family member in a Single Family home correct. During the covid period as dbi enforcement or activities dropped any. No. So the same, so. Matter this is came before you that were not slowed down by covid . No. No. The beginning of the pandemic yes we adjusted like everybody but we got back up and running there has been no curtailing. Thank you. Thank you we are move to Public Comment is there public dment for this item. Raise your hand if youor zoom. I dont see we will move to rebuttal. You have 3 minutes. Thank you. In response to whats mis tammy said in the only appellate does not want on legalize it anymore she cant do it. I testified before she testified she cant afford it and filed an elis act eviction notice and notify intent to be draw the unit. She is restricted her ability to rent the property any