tv [untitled] June 12, 2013 6:30pm-7:01pm PDT
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brought my friend in to work for me for a few days. i'm just physically in capable of doing this on my own unfortunately. i would like for you to have a chance to review these documents and the third reason is this woman is a suspect in my attempted murder. i filed a restraining order against her and i feel very uncomfortable in her presence. i would like to be here another date where she is not in this room. >> are you finished? >> i think so. >> why don't we take into consideration the request for the rescheduling and hear from the zoning administrator. solely for the question of
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continuances. >> thank you. planning department. the department would be opposed to rescheduling request. this item has been rescheduled once. they called the board of appeals to allow four times to submit the materials. if i can go over that timeline. this hearing was scheduled for april 10 and rescheduled to tonight's hearing and they submitted many documents. the executive director informed miss wright that she must submit written copies to the board by the 16th. i communicated with miss wright on the 13 and 14th of may reiterating that these needing to be submitted in writing to the board and at this time she requested if the materials were submitted electronically would we drop the case, i said no. i said there were other issues that we
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had for the project and they had sufficient time to turn in the materials. and she stated she had a restraining order. we called the police officer and there is no corroboration from the police department. we are not aware of a restraining order. we have learned apparently there was one now filed. we hear they were not a suspect. the appellant has been given much time. it's been two times the appellant had the time to submit information. we request the board move ahead with the hearing tonight. the neighbor is key for running testimony about the illegal uses that are occurring at the property and would support the department's position. >> thank you. the subject
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property owner he or she be given an opportunity to speak as well. is there anyone here on his behalf? >> thank you. >> good evening. i'm the attorney for mr. lackey, the landlord. with regard to the request for continuances. we do not have an objection to it. it should be noted that we are in the process of an eviction action against the tenant. thank you. >> we should also take public comments on this issue. >> is there anyone who would like to speak on this continuances only. is there anyone who would like to speak? please step forward. rescheduling. >> jonathan black. i'm here on behalf of lily palacios. we would object to rescheduling as
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the d. a. has informed us. this matter was originally scheduled for april 10th, the complaint was i believe was served on the in january. in the past 5 months the violations had continued. again she's had ample time to submit her briefing for this hearing as well as the april 10th hearing and we would like to have a termination on this as the violations are continuing. >> thank you. >> any other public comment on the rescheduling. >> someone is coming.
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>> hi. i'm lily palacios neighbor. >> we are only discussing the rescheduling request. >> do you object to the rescheduling request? >> yeah. because i have been here twice. i think we should do it. >> thank you. >> anyone else, any other member of the public? >> are you an employee? i think we heard representation that you are assisting the appellant? >> i'm not an employee? >> are you paid to be here? >> are you paid by the appellant? >> no. i wasn't sure if i can come up here or not. i'm not being paid. i just wanted to
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quickly mention that i have been in contact with miss wright on multiple occasions and pretty consistent basis and so i can vouch for the paperwork that she has as a witness to submitting the information that you will see in terms of the fact that her medical circumstances due to the current situation has affected her in many many ways not just time incrementation and time allotment but also her health in terms of i don't want to say mental capabilities. you will see in the medical records. she's had a lot of problems maintaining her health in terms of not having to be on
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bed rest. so i just thought i might add that to it. but again you will see what i mean when you see the paperwork that she's handed you. >> you want to state your name for the record? >> trisha belt. >> thank you. any other public comment? >> commissioners if you want to reschedule then a motion needs to be made otherwise we need to proceed with a hearing. >> no. any comments? >> i'm inclined to hear it. everybody is here. let's put some ending at least as far as this board is to this issue. >> i agree. >> i have the same inclination. >> the only motion is needed if you wanted to reschedule it. we can just proceed with the hearing. so miss wright, you
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have seven minutes to present your case. >> okay. thank you. well, in regards to lily palacios being a suspect in my attempted murder. these are my medical records. and i amon bed rest for two years. this is a civil suit. as far as you can imagine when i file a restraining order i have panic attacks from the abuse she's caused me. so palacios is the only complainant for this case. i have lived here for three
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years. when someone calls wolf enough times this planning department decided that maybe she was telling the truth. so the documents i have here -- so these are my documents are my commercial leases that i have signed and they are also the advertisements. >> it would be better if you put it on our overhead so we can see it on the screen. >> so i have all of these. they are all different. >> speak into microphone.
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>> i apologize. >> do you want to see each one? >> it would help. >> okay. this shows my commercial lease, my commercial address, commercial address, commercial address, contract with a commercial address. >> just the visuals. you are moving really quickly and the print is small. so maybe if you can just describe them. >> 2601 mission street and 235 first or 2nd street. >> i would place them in a manner that you would be looking at them so that if you turn them upside down they are upside down for us too. >> these are, we have 4,000
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clients so we probably have 12,000 e-mails directing our clients to go to our commercial address. here is a snapshot of some of those. my application -- >> turn it so we can see it normally. >> that's my application. this is my event license agreement for 261 mission street. this is an e-mail communication about my -- he says 405 howard. that's the mailing address. we work out of 235, first street . when i do cooking classes, i do them out of a commercial kitchen. these are my consulting agreements. so i'm
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a consulting referral company. i'm the middleman. i have the advertising and marketing skills that other business owners don't have and i do the acquisition and match them with a consultant. this talks about -- it says the clients ability to work. i don't know if i brought -- somewhere in this contract it says my chef has to be certified and i have to use a commercial kitchen. here is an e-mail from one of my consultants says she works from
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florida. i crossed out some of these names because for public record. so, any ways, here is the w 9's for all of my consultants, a list of my consultants and their business names showing that again i'm just the middleman. the next thing i have, these are affidavits. they are from guest and roommates and these are all signed documents swearing that 250 dolores is a residence and they have been harassed by
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palacios and they are afraid of her. >> are these executed? >> they are all executed. >> the significant turs -- signatures look the same. >> they are eco signed. >> further e-mail affidavits. here is a girl laura saying the crazy lady intimidated her. mary lou said the same thing. these are all about lily harassing them. this next section i will go through this really quick. this is my list of all my residential tenants.
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this is my agreement to sublet which is residential. basically so the real thing that's going on is that i'm a therapist. i have 8 plus graduate certificates and i have the ability to comment on a disorder but if it needs a final diagnosis i have to refer out. lily palacios qualifies as a paranoid stalker. i gave her my business card and she's been stalking me online. i have been on the cover of "newsweek" japan. basically she's been stalking me online and finding information twisting things around and making complaints to the city and landlord. there
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was an attempted murder in july. here is my discharge. i was attacked on 5/3. i have had my attorney send letters. >> you are going to have more time on rebuttal. if you can help me out here since i'm a little challenged in following your points here. just tell me what your employment is. you said you do cooking classes, what else do you do? >> i own four companies. they are all consulting companies. this is a referral company. you can look on our website and we have terms and conditions and contracts. the cooking classes we have two commercial kitchens and we send certified chefs to the homes in the bay area and
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we do yoga referral where we do like the yoga in groups, and i'm a they -- therapist. we do juice cleanses. the celebrity chefs signed a consultant agreement and the client comes to me and we sign the order and the client comes and delivers the juice to the client. >> you prepare the juice? >>. i'm only there to match them up with the client. >> i see. those are your four companies. food body me is one
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company? >> yes, i do financial consulting via the internet. everything is done over the internet. since all of my friends are therapist. it's a different way to market food body me if someone wants a wellness provider they can go one place and have a resource of who they might want to see and on wellness 264 it says this is a referral website and it gives all the therapist names, the names of their business and the name of their business locations. my therapy practice, i haven't really had time to get it off the ground either. i think i have seen 5 clients over the last year. i have had problems with my health and with my stalker and i had to be put on bed rest for two years. and every time i get
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off the bed i get upset. >> okay. food body me, wright financial and therapy practice. >> live therapy. >> i'm trying to understand your businesses. you are talking really fast. i just need you to answer my questions. okay? >> okay. >> okay. so it is your position that you do not actually work out of your home. what you actually do out of your home is the referral website? >> correct. >> that's it of the four companies you have. you don't
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do any live hip know therapy. >> because of my 8 plus graduate certificates that's something i would be allowed to do. i do it out of my home on the computer. >> okay. the concern is the cooking classes out of your home. >> that's at the commercial kitchen. >> okay. a lot of the things you are saying are distracting me from the actual issue. that's why i'm trying to get to the actual facts that are relevant to the issue before us. okay? you mentioned rental agreements. miss palacios is a subtenant? >> miss palacios is a neighbor. >> i have the residential applications. >> are any of them here?
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>> their affidavits are here. >> they are not here. >> you don't consider that a business? >> in the affidavit i specifically asked that question. >> the renting? >> it's just roommates. >> okay. just checking. >> okay. thank you. you can sit down. we can hear from sacramento >> just briefly. the landlord is in the process of an eviction action and the landlord is not responsible for any issues involving illegal
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use. >> what's the nature of your eviction? >> non-payment of rent. >> okay. thank you. >> i have a question, do you allow sublet ting in that unit. >> i think we have a copy of the lease. the tenant does have a right with a landlord's prior consent. i don't believe we have given consent. >> okay. thank you. i looked at the lease as well. >> thank you. planning department. the subject property is located at 264 dolores with in an rto, the property contains no commercial uses are previously allowed at the property. the department has received a couple complaints back in 2011 that
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wasn't actively investigated and last fall that was issued in november and we conducted a site visit at the end of november. during this investigation it was found that the appellant was operating a commercial use out of the property. as been noticed, there are exceptions where you can have a home office that is no larger than 25 percent of your area. if you were a psychiatrist you can see people out of your office. even the board of appeals that a psychic would fit that definition. so there are some uses that are allowed, however the issues that we had with the commercial uses being operated here related to the cooking school and yoga classes and other classes operating at the
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subject property. based upon this operation we issued a notice of violation in january of this year. that provides for the responsible party to request a hearing to present information as to why they feel they are not in violation. there was no hearing requested. there was appeal directly to the board of appeals on january 22nd. we have it scheduled to april 10 and it was moved to this date. there were no additional materials submitted to the board. although tonight many items have been presented to you in rapid fire fashion on the overhead. so with this, the department finds that there has been no other credible evidence to demonstrate that they have been in violation of the planning code. the evidence in support of the violation is overwhelming when you look at the various, not only the testimony that we've heard from
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the neighbor which you will know doubt hear this evening but the yelp reviews, there are reviews in there saying that they have gone to the appellants apartment, they have sat in a chair and waited while she juices the juices for the cleanses. they are certainly occurring here. we contacted the department of health and what we are aware of they don't have any permit. there have been numerous relying on yelp where someone says they went to go, arrived at the house for the date of the pick up and i rang the doorbell and as i waited the neighbor went out and asked if i was aware they were running an illegal use of the business. the most recent review on yelp is early may.
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the others food body me. they had cooking in san francisco in the home just last week and then there was also looks like future things which are scheduled, but maybe the location has not been yet chosen. this is abundance of information as well of past classes over the years. i think in the neighbors brief they also pointed to a class for american sign language which is being held at 264 dolores and that was just in april as well. we think there is substantial evidence that shows there is an illegal commercial use, a variety of commercial uses that maybe conducted at the property. some of them maybe allowed however, not all of them are and is very clear from the evidence that the property continues to be operated in violation of the planning code.
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i will be available for anymore questions the board has. >> are you able to share any details what was shown during site visit. one was made last year? >> yes. one was made mid-november and at that time it is a residential unit. it's a dwelling unit but there was in one of the rooms, it was maybe clear of furniture. there was an ipad attached to the wall. it didn't seem fully consistent with a residential use that you would assume someone has been living in an apartment that you may find personal effects afrnltd it didn't show especially in combination with the information that we had from the neighbor and the yelp reviews, there wasn't enough to clear a violation at that point and the fact that we continued to get reviews of people saying they are going to the property and picking up juices and they
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are picking them up at all hours, that was sufficient reason for us to produce a notice. >> thank you. >> we can take public comment on the merits. >> jonathan black on behalf of lily palacios. i just want to first state that the violations are continuing. as mr. sanchez pointed out on april 10th, there was a sign language class. you can recall where they waved around papers saying this was made up on a character attack. i would like to show pictures if i may. yesterday as
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i was talking to miss palacios about tonight's session she noticed someone walking out of miss wright's unit in an apron collecting boxes. you can see boxes of produce that went into miss palacios activities. here is one of the boxes here. organic, and another shard box. this garbage can is filled with boxes from vegetables that miss wright uses for her juicing activity. this was just yesterday, she represented several times to the board to the zoning administration that none of this activity is taking place. the evidence speaks to the contrary. i think it speaks
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to her credibility as well. everything she said is not born out by what this zoning administration has seen. on the contrary, mr. speaker place -- miss palacios everything she's said has been born out. i think it has more significance too that she's banding around that miss palacios is a murder suspect. this is not the case, we've checked with the court's, with the police department, she's clearly making these things up. that has an impact on because she's trying to tell us that none of these activities are taking place. we can't believe her on her
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