Pronounce that incorrectly and with f f puc. The Board Meeting guidelines as follows the board requests you silence all phones will not disturb the proceedings and no eating and drinking in the board room the boards rules permanent holders are given 7 minutes for presenting their case 7 minutes for rebuttal. A. For hearing requests the parties are three minutes with no rebuttal and time maybe limit to one to two minutes if a large number of particulars and well have a verbal warning 4 vicinities for a grant of appeal or to grant a rehearing request if you board rules if i want to hear that go to sfgovtv. Now Public Comment assess and the participation a paramount importance sfgovtv is broadcasting a streaming live and we will have the represent of Public Comment and sfgovtv providing captioning for this meeting to watch on tv channel 78 and please note rebroadcast on friday on channel 26 and the live stream on the hot page sfgovtv forward boa and Public Comment i have a pious pause for a moment it is a fire hazard we have an overflow room on the recruitment. Have to go to the bottom and a pd in 9 room yeah, you can go into this room there is a tv it in that room when your item is toddler u calmed you can adopt one can mvrp go to the webster sfgov and click on hearing and then the zombie donor todays hearing. You can provide Public Comment by telephone call one six 6968 three 3. And again, sfgovtv is broadcasting the phone number construction across the bottom of our screen. Calling in for star 67 and listen to the portion to be called. Call star 9 so we know you want to speak um, be brought into the hearing room and one to three that minutes depending on the agenda and the length of the speakers the legal assistant will provide with you a public warming and on it is for that people reduce or turn down the tv and if my of the parents on zoom Technical Assistance can a make a request throw at chat function the legal assistant or send a message to the board of appeals cant be used for Public Opinion and for those present in the hearing room well swear in or firm any member of the public may speak without taking an oversight. If you intend to testify at the proceedings and wish to have evidentiary weight raise your hand and say i do after do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . Okay. Thank you. If you are participant and not speaking put your zoom own mute so we have a lot more people so we have a long agenda so i want to ask for or ask the people who are here for at least we have for item number 9 that is the coast permit would you be willing to have this continued it may 8th so you dont have to wait until your item is called . Yes. Im sorry and okay. Thank you. And is there a representative from puc here . Can i raise your hand . Represent from the puc on zoom. Youre fine with that the Zoning Administrator said we have to check with the puc since their the permit holder yeah, you time to text . Hello commissioner question. I do a point of order appears your captioning is not working frontier since 12 48 p. M. Today. Sfgovtv could check into the campaigning will be appreciated. What about in the a lot of people would you like to try for the people about sanchez i dont see advertising for the appellants would you be willing to move this to may 8th . [off mic. ] thats fine. No problem i understand. Sfgovtv said were working on the caption now and and what about the poppes would you be willing to move to may 8th if not no problem at all you want to stay . Okay. Okay. I understand. Okay. I think. Why not. Worst a reminder about the 10 00 p. M. Policy as well. The policy if not hearing after 10 00 p. M. The board reserved the right not to call an item after 10 00 p. M. They reserve that right not mandatory but none of water people are here well start with the hearing and we can make that announcement later on so item number 1 that scombrument. Opportunity for anyone in the boards jurisdictions not on tonight complained any members of the public wish to speak on my item not on the calendar i dont o i dont see anyone in the room or on zoom. Okay. So lets moving on to item two commissioners kensingtonwheaton communities master plan, aye. Im i ill jump in welcome to everyone many did room this evening we dont play before the house it is great to see everyone. With that in mind a couple of things with respect to the housekeeping following up on the encouragement or suggestion to consider rescheduling for my of the parties this evening as a our executive director we have an unofficial policy of reserving the right to continue an item unilaterally if it is skermd to start over 10 00 p. M. In respect to everyones time and schedule the schedule are you willing to risk waiting until 10 00 p. M. And not heard at all this evening to frame that decision appropriately and then just a word of encouragement for all of us up here just in light of the size of the public presence and the number of items on the agenda um, just a word of encouragement to hold questions until rebuttal so we can give ourselves the best chance of getting through the supervisor rice agenda with that. Commissioner trasvina. Thank you president lopez welcome to those people in the room great to see a full room particularly of young people this is your City Government at work and without regards to the merits of the case before you i want to welcome you all here and part of the City Government. Separately on the matter if the only party in the last case of puc who we dont know about later on maybe somebody can reach out to them. multiple voices . Everyone is happy. Ill that and that ill be here but thought they were on the last one on the agenda. I want to reach out to them i called and got an answering machine. In anyone prosecute the puc is here well check in after. multiple voices . A question so you could. She should stay for now. Thank you. And any all of the these matters are important whether two people a neighbor and a neighbor or Community Group or a lot of people so i hear usual president and executive director that we should be limiting our questions we want to make sure that everybody get a thorough hearing and feels like they get a thorough hearing so ill do my best to get my questions in the right order and not overly talk about active. You cant stand against the wall go the first right encouragement a tv and, see the preceding so any Public Comment on this item on the commissioner questions or comments. Please raise your hand i dont see anyone on zoom so we are moving to the adoption of minutes before you the possibility discussion of it april 23rd meeting and commissioner trasvina. Move to adopt the minutes of april meeting. Any Public Comment to adopt the minutes . Anyone on the sdoim i dont see any on the motion president lopez, aye. Vice president lemberg, aye. Commissioner swig the minutes are adopted now moving on to items 4a and b. Those are hearing for appeal number 2, 4 and 6, 9 subject property lombardi streets requesting a rehearing from march at the a motion by president lopez voted. multiple voices . On the basis were properly issued. multiple voices . Item number 202144 for the demolition of carport and appeal 0062021094046 for a fourth story dwelling and since two appeals welcome mr. You cant know 6 minutes. Thank you. Honorable lopez and hello commissioners. Thanks for a rehearing well, im here today um, like i want to make sure with the permits allowed to go forward we have to stick to the safety in the working drawings and the proper procedures and if today they did he testing. Like today or yesterday was a developer got unintelligible will be nepgsz in a few weeks so might go to prison by tried the partners and inspections. And so im not saying i excuse the process but the court can review it and the fbi can review it and anyway, i chtsdz concerned about excavation across the street took them seven years to get a primary the neighbors were concerned about the house and the damages to the tens of that hundreds of Million Dollars. So and then one of the activity passed away of cancer and finally got a permit but have to blow up all that so, anyway no definition this case has so many examples will be and also will it be a retaining wall so what im saying coming today a lot of things you need tee help me or the city reduces the liability requires some testing were not trying to overturn the permit and so how are they going to guarantee it when they excavate a rock you have to devil or could have an earthquake all over for neighbors i guaranteed will be a law firm under these vacation loan if i dont file and lawsuit and do testing and report before and after damages so this thing will hold up and besides is there any but way the commission can demand a bond to finish . And also a Construction Financing in place. Firefighters with 75,000 is typical we all want to save money and rip off the city and but half a Million Dollars is far not enough and takes three to 5 million to build it and do that shoring a retaining wall . And excavate three loan is maybe half of the budget and maybe he can continue and, you know, there will be an ingentrification for a review and the city will be part of it for the city to arise the liability the best thing to demand testing. In the testing says okay. Fine but if i dont have any kind of testing and goad and cause damages the cities deep pockets and we should require the developer to buy extra insurance and a bond of financing bond to finish abused financing is very, very difficult right now and Interest Rate might not come down and youre talking about 12 or 15 percent for financing i i know theyre not developing with cash and should. And not an easy property and they dont finish it an easy sorry for years to come and so we want the Bond Construction extra insurance excavation and the cost of one half a Million Dollars is impossible. Okay. And years any report by baseline had i know um, the bedrock would be shattered we have the hardest rock in the question so and then there is no setback any way to do a setback . Could we have a setback on both sides a little bit away from the the other building. The building is very close. Okay. I did um, accepted some pictures you say i dont know if you see that a lot of buildings and the turnover is happening over the world so San Francisco could could have a 10 point zero earthquake and find out of business and cause a lot of damage and other buildings next door could flip over, too so 30 seconds. bell ringing . So the liability and expensive lawsuits i know the neighbors will file. They have to they have notice choice to protect themselves from the excavation. So i thought the commission could put guidelines for the independent inspector insurance and also the safety the drawings bring. Difficult inspectors. Okay. Appreciate it. Hear from the permit holder and the permits attorney is here. Welcome you have 6 minutes. Thank you. Good evening, commissioners. From rose on behalf of the project sponsor with the permits the item before you a hearing request for the project at 9 did lombardi street the board considered the appeals 24005 and 6 and voted 5 to zero to uphold the permit one week later on the appellant we ask the board uphold the permit. Mr. Angela has new information is changed the mayor 27 here and there and reviewing the resubmittal no indication forthcoming indication that justifies any hearing we understand the we hearing request the board my grant based on is showing that new or different facts or circumstances have arisen with such facts or circumstances known at times do with effected the original hearing and accordingly a written request shall state the facts or circumstances the names 6 witnesses and or the documents to be produced at the next hearing and why this he evidencing was not proud did failure to experience Due Diligence for the food trucks and circumstances at the previously hearing is grounds for denial and the appellant has failed or demonstrate that instead of agrees for more time for the same arguments at the march 27th hearing because he believes we got to wrong as previously submitted though the board the appellant begin to staff the project on may nearly a year ago and had three different Decision Makers both sides and no. 1. Call to order and roll call. Witnesses or the need for testing or show he evidence how the health and safety is violated the board standard require anyone have been presented and the board standards require a written exemption why this evidence is not presented the appellant has not provided justification why is he now speaking where ample opportunity own the dresser hearing or at appeal hearing in 2023 or the appeal hearing on friday, april 12, 2024, the standards have not been met the 35e89 has been heard and as a matter of fairness and lay. The appellant continues to raise the same issues are the excavation and construction of the property and the hearing on a new data for damages or what in the previously studies and approval is incorrect so your appeal might have been different or provided the information the new evidence is photos of rapidly selected buildings no correlation between this project and the picture the appellant has not new evidence or incredible saying that upheld the permit. The appellant out of concern with the Property Values future litigation were raised not within the scope and not provider a basis for this hearing and further the appellant no new information such would change the appeal hearing and to conduct the parapet raise no new facts or circumstances to support question known at the time could would have effected the um, this concerns are considered 1e6789 by the Planning Commission the board of supervisors and this commission each of which found the permit were appropriately done and the board rules failure to exercise necessary diligence from the previous hearings is denial for this request and the part time has not provided this and the negatives from the previous hearing should not allow this to happen and no reason to deploy the project we respectfully as the board of appeals deny this and were here to answer any questions. With the architect. I dont see any questions . Need to keep that door clear we have two seats the person is not coming actually later and and overflow on the court house if there is a tv down there you can come back back up but to seats the first person is not coming until later in and out now hear from the Planning Department. Good evening commissioners corey Zoning Administrator ill be brief i think the permit holder laid it out extremely well the standard is not met in this case and generally agree with the arguments laid how by the permit hold and it should be denied and available for any questions . No questions. Dbi . Good evening, commissioners. Birmingham representing the Building Department with mr. Corey i concur no in the evidence offered and the hearing should not be granted. Okay. Thank you, any Public Comment on this item anyone in the room . Anyone on zoom please raise your hand okay. I dont any Public Comment commissioners it is submitted. Lets start at the hear what commissioner swig says. My feeling the standard has not been metaphor this been offered and no manifest injustice i see, so my motion to deny the request for the hearing request. And didnt meet the standards for a rehearing. Do i hear any further comment on this motion . Seeing none. Okay. We have a motion from commissioner swig to deny this based on no new evidence foreman festive injustify. President lopez, aye. Vice president lemberg, aye. That carried 5 to zero and the requests are denied i want to make an announcement i believe the sfpuc represent is higher would you like to continue this to may 8th we having a high volume of people . Oh, you want to stay . Okay. All right. So. Thank you. Okay. So were going to move on to item number 5. And rustling of papers. and since we have a high volume of people do we want to hear 6 first another Entertainment Commission item. Insure. Just a suggestion but looks like we have a lot of people well hear item 6 brown first so many people are here for 5 those people could leave. Okay. So item 6 is appeal versus the Entertainment Commission appealing march 21st for blue an llc of a limited life performance entertainment and amplified sound in patio and indoor is allowed until 11 00 p. M. From 10 to 11 00 p. M. But shall not exceed up to ten times per calendar year permit anybody and well hear in the appellant first. Welcome. Good afternoon president lopez im avnd an attorney and friedman representing the street if neighbors as 32 union street a restaurant indoor and outdoor Live Entertainment and prerecorded productions it was 10 years ago club has hop been inundating residents with k350e6 noise die to Entertainment Productions with or without permits. And despite maturity commits sfpd and 2311 over the it is an of years it was approved the application for Live Performance and commission disregarded the opposition we ask the board of appeals to resigned or further modify the permit the clubhouse has a clean record with respect to the noise and 311 should not be 12ker78d and the gpas a condition of the permit requires venues to have on site permit and neighbors should collaborative before involving improvement and opting to reach 20i9 to solve noise issues rather than 311 or the police and time it cant be or will not recipient and refusing to have man better quiet those things miss interrupt the external and comboifrnt and this is correct that that internal and external are measured that different the point of sound recordings from the property in the ambient is 65 decimals a residential neighbor with an 50 feet of rear of the property is measuring this didnt matter whether it assignment this as a de facto violati