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tv   [untitled]    June 14, 2013 2:00am-2:31am PDT

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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? >> their affidavits are here. >> they are not here. >> you don't consider that a business? >> in the affidavit i
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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 use. >> what's the nature of your eviction? >> non-payment of rent. >> okay. thank you. >> i have a question, do you
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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 wasn't actively investigated and last fall that was issued in november and we conducted a
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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 offi 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 subject property. based upon this operation we issued a notice of violation in january of this year. that provides for
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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 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
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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. the others food body me. they
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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. i will be available for anymore questions the board has. >> are you able to share any details what was shown during
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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 are picking them up at all
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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 i was talking to miss palacios about tonight's session she noticed someone walking out of
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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 to her credibility as well. everything she said is not born out by what this zoning
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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 allegations against miss palacios. the bottom line that miss wright has been in violation of this ordinance of
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two 1/2 years and has produced a great deal of stress for my client and we respectfully ask the board deny hera appeal. thank you. >> any other public comment? >> hi. my name is sarah diamond. i have been lily's neighbor for eight years. she has become a good friend. i'm here primarily because for the last couple of years, i have seen her mental health not be good, she's stressed out. since we are good friends she tells me a lot. i'm not sleeping well. there is noise coming from upstairs at all hours. i live in the building next door. i know what it's like to have
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someone above making noise because i have a similar apartment situation. i'm just going to say the facts that i know. maybe about three years ago when this neighbor moved in, i remember there was somebody selling tickets outside lily's building. they said c'mon over. you can buy tickets for this concert and there was loud music. that was my introduction to something was not so natural up there. and then, then one time i was just walking home and a couple people asked me do you know where such and such business is and the address was that address. 264. i said, well, no, the address is up there. so then i was kind of a flag that there was a business thing
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being run up there and just yesterday i was at lily's house to try to have a cup of tea in her kitchen, 8:30 and a motor was going and it lasted for over an hour and it was grading on my nerves and it wasn't enjoyable for my neighbor. i can imagine what it's like for her at all hours. i just wanted to say what i know. >> thank you. any other public comment? hello, my name is nicholas. i'm the son of lily
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palacios. i just want to report what i have been seeing and hearing . there has been a lot of noise from the upstairs in the daytime and nighttime. most lee at night it sounds like a lot of shuffling around for various projects they do and at first it was sounding like an exercise group or maybe stamping from upstairs. this was very regular. it would happen pretty often and eventually it changed to the juicing business which they brought in the juicer that sends vibrations throughout the house. you can tell when you are at the bottom of the stairs you can walk through the doors and tell she's juicing already. sometimes it goes for hours and other times late at night. sometimes at late as 11:30. her
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interactions, there haven't been many. first it was phone calls and eventually her phone number was blocked and then we tried sending letters and we would get the letters back with various notes denying that she was running a business. we also received one letter from her one night that just kind of got slipped under our door. basically a hate speech against my mom saying she was burned and had no right to do this and she works with handicapped people and that my mom is a terrible person. and just keeps saying that we are the ones being noisy and bothering her roommates which we are not. we are a pretty quite family. that's all i have to say. >> can i see that letter?
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>> sure. >> i don't know if anyone else wants to see it. >> hi. my name is julie. i'm the daughter of lily palacios. i'm also going to comment on what's going on. we can't live comfortably. i cannot stress how often and how continuous. it's almost impressive of how it doesn't stop. i wonder how
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she can keep up living with that much noise. to live there it makes me uncomfortable and how to see my mom upset makes me very unhappy. this whole situation is very hard to live with. and despite us trying to be civil, it's never worked. we've only down -- done it a few times because the response we get is not positive. we would have hoped this matter would have been resolved much more peacefully than it has. just to say again it's been very stressful to live with nicole doing what she does in her home and she has been attacking my mom verbally and it's been very stressful to receive those letters. my sister can't even be here because it's that stressful.
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she can't properly describe how she's feeling about the whole situation particularly the very last letter that my brother showed on the overhead screen. that's all. >> thank you. >> is there any other public comment? >> okay. seeing none then we will take rebut tal. there is 3 minutes. miss wright? >> so, for no. 1 it is my hope that you have experience with stalking and harassment and narcissistic paranoid stalkers. the city planner the
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notes he made about my house has been correct. the house is very clean. we have 5 roommates that make more than 6 figures and we all clean and they have very high level jobs. it's not a crime to have a clean house. we have a pandora in our kitchen because we like to cook and it's great music or tv. there is no other business from my house. with regards to the woman taking out boxers, that is patricia. i have currently i have bronchitis, a staph infection. i have asked her to make juices for me. i have an avid juicer. i do personally
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juice at least four times a year. so when i first moved in, basically what lily did was she used to call me in the middle of the night. i have obtained records from verizon and she would is send me nasty letters. she produced a scarlet letter on my door talking about sex and drugs and very insane. i reacted negatively. i have over 200 reports of lily calling me in the middle of the night and also because all my roommates are all high level over six figures. we are in bed by 10. our house is totally quite. i work on my computer, i'm very silent. yes, when we use the
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vacuum, she would hear that. in fact i hear her playing her music. the difference from my how was -- how household and mine, she's making a lot of noise. her daughter broke into my house. i have contracts with my clients showing that i do not see clients from my home. if you know anything about paranoid stalkers, it's a form of narcissism and they go and terrorize their victims and twist everything around. this bottom has been harassing me. regarding the tickets. we had a house warming party and i had one of my friends check in the guest list before they came to my house and the music stopped
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before 10 p.m.. >> okay, your time is up. >> can i say one more thing? >> one more thing. >> thank you, regarding the eviction, the attorney also per beyond -- perjured himself. >> i have been devoted to yelp. it's not by real people. once your business gets to a success, yelp post reviews. i cannot prove it but i do believe lily has been posting fake reviews as well. it says it on my report and website. i think 5 of them are accurate. we get a signature card from
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every image is client. also i have been in bed rest since july. i have internal bleeding. >> okay. thank you. >> i would love it to reschedule. >> no. this is your hearing. >> mr. sacramento, you have rebuttal if you care to use it? >> i just want to make it clear, when i say this is your hearing, you are the appellant. you brought this forward. thank you. planning department. we do have some photos of the apartment that we can show. these are actually taken off the web. this is off loop net from last november advertising
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the apartment for sublet so -- >> we need the overhead. >> so we have the are there particular text that you would like us to focus on. i can't read it. this is taken at
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dolores. a loft for wellness practitioner. they also rent out the kitchen. the photo of the appellant says they rent out the kitchen for private parties. the minimum fee is $1200. this is a resident control dwelling unit and more of the materials which advertise that food body me operates at 264 dolores. another listing for american sign language class at 264 dolores and this was from march 20th. so there is substantial
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evidence that shows this rent control dwelling unit has been illegally used for commercial uses in violation of the planning code. i will be available for any questions. >> thank you. >> this matter is submitted. >> any comments? >> i will comment. i think the evidence is pretty overwhelming here. the space has been used as a commercial establishment and i would vote to deny the appeal. >> anything else? >> i concur that the president attempted to get to the issue with the appellant, however nothing came forth in terms of answering the charges of the zoning administrator and the
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planning department. that's what we are really here for. i will make a motion to deny the appeal on the basis that the zoning administrator did not error abuse his discretion. >> if you can call the roll on that please? >> on that motion from commissioner hurtado to uphold this notice of violation on the basis that the zoning administrator did not error or misuse his discretion. commissioner fong, aye, president huang, aye, lazarus, honda. this notice is upheld on that basis. >> there is no further business. we are adjourned.
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>> we very pleased that mayor lee is here today and building is strong foundation for the future of the airport and now my
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pleasure to introduce mayor lee. thank you john and thank you to you and the airport commission and all the staff here at the airport for loopholes working hard to make sure this engine of opportunity is for everybody. i'm joined by representative from congresswoman thank you for being here and, of course, richard our commissioners is here as well and than mr. mac who is part of the labor council. i think we'll have quilts from the board of supervisors from both couldn't. you know something we despair a little bit over jobs. they get to continue bragging they have is an unemployment
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rate lower than ourselves but that's because the airport is booming. and everybody's is investing in this year. looking behind me it's always been about peculiar i know this airport is a huge generate of work a huge amount of folks come there here and it's a big asset. not too many months ago we opened up terminal two and i & i've often said it feels like a first class lobby. johnny ask when i do the red eyes a lot of your goat to have those