and under their tracking system and under the permit it does say the vacant lot and the mobile connection center. >> and i thought that i remember seeing something there about a change of use on the permit itself. >> yeah. >> but somehow, that did not, trigger or set up a flag for the approval process, right? >> yeah. >> requiring further type of effort, >> i think that the staff made an error. >> okay. >> thanks. >> commissioners the matter is submitted. >> did mr. duffy want to say anything? >> okay. >> commissioners i just speak because i think that my name got mentioned somewhere along the line there. and on the notice of violation, that i heard referenced, i apologize that i don't have the copies of them with me or a copy. i believe from working on-line

that there is one notice of violation issued, two complaintses and three complaints were filed and one ended up in a notice of violation, and going to the code enforcement and my recollection of this is that it was for installing the poles with lights the building use.

86 parking lot, and we have a list that get a number and sometimes we don't have every single classification for a business and so we may not have one for recycling and the plan checker used maybe the closest one and i don't know how he came up with parking garage, private, but, that is just a code, within dbi and it has nothing to do with planning codes or anything like that. so..., okay? >> thank you. >> thank you. >> i do have a question for counsel and the appellant.

sorry. >> so you heard my question of the voting administrator on section 846 and what, and how does your client articulate the new use? >> in terms of... >> what actually, it was parking lot and now you are changed and the... what was it the mobile facility, is >> the mobile recycling center. >> and do you. >> and the characterization on the application. >> the mobile recycling center. >> and you believe that it is a position, and it is your position that doing that, that is a change of use that does not subject itself to a 312. >> the type of use that is being proposed, does not trigger the 312 to provide neighborhood notification. and... >> why did, and why is it in your papers, is there the radius, notification? >> it was his initial understanding that he needs to do that and he brought in the application papers in with all of that documentation and was

told that you don't need to do that and this is not a new use. >> okay. >> subsequent to that, three other planning department employees informed him the same thing and the reliance on that he entered into a five-year lease. >> what was the... could you give me the chronology of that reliance? >> when he went in initially. >> yes. >> and was told and then there were two other individuals who signed off on the back of the application and the person who stamped in the front. >> dates. >> i don't have. >> i don't have the dates. >> and the execution of the lease. >> and you were making your reliance argument and you need some type of time proximity. >> may 31, the lease was signed. >> and when were those permit. >> all of those proceeded the execution of the lease except for the final approval stamp. they proceeded, i believe, at least two of them occurred in january. >> (inaudible).

>> i can't hear you, so your attorney needs to speak or you need to speak. >> you can see on the back of the paper, everybody from the planning department signed by january 15th, and i went to finally finish it and the final stage and they said that you need to sign the lease. and so everything is done and so i don't have to do anything, and he said no you are done just bring the signed lease and so after that we just specified something with the landlord, and i signed the lease. and that is march 31st, and based on and i have a lease and everything is approval. and and the planning department next day and they issued the permit based on what they called and what they told me,dy not do anything. >> did you do all of this by yourself? >> yes, ma'am. >> and do you remember when you went into the planning department who you spoke? >> yes, so the planning department, i went several, several times. >> do you remember the names of the people or the staff at the

planning department? >> every time you go to the planning department, you not sign a planner each time that you talk different person. >> this is why i tried to follow everything what has been told me. >> right. >> every each, step and i went in the planning department and i was at least, 12 times. and based on it and the need to clarify, what is that? >> this is a recycling center or an empty parking lot. and do we need the neighborhood notification, and somebody asked, yes and sody it and everything, i went and i did it and executed and i wanted to tell him and they didn't take it and said that if you turn it back and said, no, the lady wrote it down there is a name on it that notification is required but is not required on this purpose. and on this lot. and i said, you are sure? >> then my job is much easier, and i mean, time a little bit earlier and so after that, i went and just in case i broke, and the notification just in

case i have to turn it in, everything is ready because i paid for it how it is supposed to be and every neighbor will be happy because i notified them but i cannot force the planning department to take something that i even wanted to them and they said we don't need. not one person or the other three or four person did not take me papers and so i don't know what i did wrong. >> okay. >> thank you very much. >> thank you. >> very much. >> thank you, scott sanchez and i will clarify that there is some confusion with who is told the applicant what exactly. and so, the planning department actually only reviews and approves the building permit application once and so if the second signature block on the back, the other signature is which i think was told as you know, kind of planner number two and three. and planner number four, and actually the department of building inspection which don't implement the planning code and

so it appears based on what the appellant had stated that you know in reality they were told once by one staff member in error and then that is one too much. but, that is not as if it does not appear and there is evidence that they were multiple staff planners that told them different things, and certainly, the proper information was relied and that neighborhood notice was required and the notification materials were presented and it was a mistake by one planner on staff the day that he came in for the application, that is how i understand what the applicant had said about the other signatures being on the back, those are not planning staff just for clarify. >> okay. >> yeah, i mean, to me this case is pretty clear.

i, you know, i am prepared to up hold the suspension, i don't see any error, or i believe that the zoning administrator did not err with his discretion and i am prepared to up hold the suspension. >> i agree with my fellow commissioner. >> i don't think that this is such a cut and dry case here. and i appreciate the people that came up to speak. this may not be type of business that you want to have on your corner. and or around your business, and simply because it does draw people with share shopping carts and whatnot. and i recognize it as a busy intersection and people do have concerns, but i think that the

concern, as i read it, is a business that people probably don't want to have so close to them. at the same time, i am troubled by the reliance of whether you could make, i don't believe that the constitutional argument necessarily applies or that would necessarily hold up, but i do think that on the equities that it feels i feel a little uncomfortable with how the situation came to be. and a mistake was made, and it needs to be rectified and i think that the department needs to work through that. and i am not... and i feel that i don't know if this is the way to go. and if rather than up hold, and if, and i would like to actually, mr. sanchez if you could step up for a question as i am thinking out loud.

if the suspension is not up hold, or if there is, let's say that the suspension is upheld how much time would your department need to understand what the use is? and to resolve the question in your mind or in your department's mind and analyzing what the use is? >> thank you, scott sanchez planning department and so that question, that concern, is new as of this evening, based upon the statements made by the appellant, and certainly if we have a better understanding of how the use will operate, and comply with that code requirement, and it will certainly once we get the permit application, we could process that and i would ask the staff to expedite that given that this is a something that we need to correct. and so we would try to have that as soon as possible and i would assume given the neighborhood concerns, that there would be a discretionary review, on it and a hearing at the planning commission. and again we will do our best to expedite that to the extent possible. >> and tell me more about that

process and, how that review process would be triggered based on your new review? >> so the neighborhood notification, under section... >> no, no, no. i understand that. let's say, that when you take, you have heard new information tonight for the first time. and you go back to your office, tomorrow. work with the appellant to understand what it is that they came forward with on their permit application, and come to an understanding that in fact this does not require a neighborhood notification and it fits in one of those categories on your table? >> is that possible? >> no. >> i mean... >> it is not possible. >> and any use, given that this was a vacant lot, any use. >> any use, requires neighborhood notification. >> and okay. >> my concern today is it hearing that the appellant's argument that this is a use, that does not essentially fit in any of the definitions, in the use controls for this district, which would mean then that the use is not allowed, because you can only have those uses, which are listed in the

district. >> okay. >> so the p ael ant... >> so you have heard today that none of that, that that does not fit in any of the categories. >> that is the appellant's argument >> okay. >> okay. so continuance would not help this. all right. >> those are my comments and thoughts. >> yeah, i have not in the past been totally supportive of the department when they make, errors because people make decisions based upon what occurs, and you know, they should bare up to their errors, the problem here is that it is not necessarily a numbers game in terms of how many people don't like this either. the problem here is that it was not just one of the permit wheres we saw that this was a gray area and this was clear in

what should have been flagged in terms of a red flag, you know? and therefore, i am not going to hold to my normal position, that the department made an e error, they should live with it. >> what do you mean that it is clear. >> a vacant lot, anything that you do. and it is clearly that they are asking for a change of use. >> and it is written there right on the permit. >> okay. >> okay. >> that is what i referencing is that it was not like somebody did not see, part of a drawing or something like that. to get these things. >> i got it. >> okay. >> motion? >> well, unless a vacant lot is no use at all, that you are saying that a vacant lot is a use mr. sanchez? >> scott sanchez, planning department, so we will see a vacant lot as no use. and this case, i think that the

closest possible use would be a parking lot, or each going from parking to parking to recycling notice is required, one thing that i will mention in the similar case ss that so the purpose of the suspension, and the new building permit application is to do the section, 312, neighborhood notification which is also, the same essentially the same notice that this board does for appeal hearings and i said that in the past and i will remind the board of that in terms of considering your position on this item. >> any way that you cut it, it is a new use? >> right. >> that was made clear. >> okay. >> okay. well i will move to up hold the suspension on the basis that there was no error, or abuse of discretion. >> thank you. >> so we have a motion then from the vice president, to up hold this order by the zoning

administrator on the basis that there was no error, or abuse of discretion. on that motion, to up hold, commissioner fung? >> aye. >> commissioner hwang? >> reluctantly aye. >> president lazarus. >> aye. >> commissioner honda. >> aye. >> the vote is 5-0, this order is upheld on that basis, thank you. >> the last item was continued and so there is no further business and the meeting is adjourned. my very big pleasure

welcome i to the opening of our convention 2014 and this convention is carried by the person he is still trying to get the governor going both the room and co- organizer i want to welcome pat from the tv pod there. this conventions wouldn't have happened without our convention committee we have a convention and industrial committee 35 experts and they've done a fantastic job making the convention program possible bringing the colleagues to talk

and i think we've experienced some of the session i thought they were full to capacity so we're very impressed we've got the interest i want thank the supporters first our close partner we just announced two days ago filed a agreement with cal sea they're our local partner (clapping.) thank you. and another close partner is the american society for solar energy they have a convention and i might say those among you from a excess please tell them this is a wonderful opportunity

to bring the a assess members together to have a show and exhibition for all the members so i suggest it would be great to continue this great co- relation with a sea in the future. finally, i want to appreciate the alliance for for science their many others from other organizations that brings together the very exciting program which we have as a convention sponsor we want to welcome but now i don't want to spend any more time i see our governor jerry best graffiti watch volunteer award is in the

room i want to celebrate his 40 years as governor (clappin (clappin (clappin (clapping) >> i've never been introduced that way it heathens my feeling of ab obsolescence (laughter) but i'll try to be as sustainable for as long as i can i look at 40 years this november actually but important importantly here we are in san francisco in california at this solar event with a strong heavier german influence i've been connecting with my

interdepression since my grandfather sampling came in here i was on mothers ancestral grand slam looking at gull lists and dry hard come 35kd soil thinking of ways to revitalize the way to save water and recharge the underground quarts and live with the other catches up that inhabit this special land. i'm feeling a a little bit distance from this urbanization since out in the country there's coyotes and swurlz and a hawk that made me think of late lent political opposition

(laughter) so, anyway i'll say i was around with california impacted a 55 percent tax for solar installations in 1975 and it was something for the space program up to the rooftop it was really solar thermal but in the decades that have come after it's amazing how the industry has advanced and the ordinary citizens have picked the sustainability of a real sense as we live and go about our lives and our work we have to take accountability for the long-term things. when you've been around for 40 years you have a sense that time is passing and we have to think about what our impact is and

that impact is real. the fact that people aren't around i can't envision years from now but we have a real impact to department the capacity and imagination not only this quarter or this year but the decades to come. and that's why even in cost benefit analysis they might say someone today their lives are worth several million and 50 millions several hundred thousand and one hundred and 50 its far reduced yet we're all tied together in now and into the future so california has been pioneering those items we have the keep that in mind program and the building

efficiency and our alliance efficiency our zero vehicle program and by the way, it will hit the hundred thousand mark very soon (clapping) and we have our high speed rail program that will be delivered by renewable energy hopefully, a love of solar hopefully it will take place and don't worry about it there's plenty of solar to be installed over the years - (clapping.) it's not a limit you think of a third renewable eventually we have to get to the level of energy and those types of source of energy we're not raising the

green house gases we have a long way to go and while it's exciting to be with likes minded people it's well, to take a pause and realize that the take we're on now is not sustainable we have to make a turn and a shift anytime you're talking about an organism or political those shifts are not easy to make it's just as harden in california we have to adapt policies and get insights and build consensus so it's not about the elicit but the people themselves we have to build consensus so a convention like this contributes to it we have a consensus to build reanything else energy and build

efficiently and that's our task going forward i noticed an e-mail california is the 8th largest economic jurisdiction in the world we've surplus italy and russia i don't know if there's italians here but i don't know if we should, commemorated or congratulated but make sure our economy is able to extract more and more value from less material and that's going to take a real genus and california really got going at the time of the gold rush there were people here before that but they lived quietly and that's why they didn't screw up at the time of

the gold rush it was the biggest slim lose when things got slow tell the world with a pick-and-shovel you'll get rich hundreds of thousands of people came to california and dry it was really a backwater and yet when gold came people from german and italy and russia all over the world and it then went to agriculture and oil and now high tech and internet and viacom and that's a viagra of the imagination even more powerful than the mining of sierra's for the gold as we mine our imagines we have to intensity not only gadgets but keep our eye on the big goal and

that's certainly to build is more equitable and justice society to all the creatures and ourselves over time that's why solar is important and along with all the ways that we can adjust how we and the generations that come after us can live in a way that humanity b will continue owe not designate this and that's some go to celebrate and congratulate ourselves it's daunting this is a real mount everest to climb we haven't made the climb is sustainability let's take a renewed excitement and commitment from how far we've

gotten with you not kid ourselves we have a much harder and itch more formable challenge ahead of us i join i with to do everything we possible can to make sure our economy and energy and all the ways we live together works now and for the indefinite future thank you and welcome to california. thank you (clapping) >> thank you so much. (clapping.) thank you so much governor you're an inspiration for everyone in the room that had the pleasure to hear you what an

admirable person that helps us and we're grateful that was possible with our tight schedule to come and set the conference on the right path thank you very much (clapping) now i have the pleasure to invite our host mayor edwin lee the mayor of san francisco and we're very glad we're here for the third time when he became the first asian-american mayor of san francisco this is an for coming and giving us your greetings (clapping.) thank you, dr. weber it's hard to follow the governors i've lined to every wondering word but don't we