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.

today we are going to talk about fire safety. we are here at the urban center on mission street in san francisco. it's a wonderful display. a little house in the urban center exhibition center that shows what it's like in a home in san francisco after an earthquake. one of the major issues that we are going to face after earthquakes are fire hazard. we are happy to have the fire marshall join us today. >> thank you. my pleasure. >> we talk about the san francisco earthquake that was a fire that mostly devastated the city. how do we avoid that kind

of problem. how can we reduce fire hazard? >> the construction was a lot different. we don't expect what we had then. we want to make sure with the gas heaters that the gas is shut off. >> if you shut it off you are going to have no hot water or heat. be careful not to shut it off unless you smell gas. >> absolutely because once you do shut it off you should have the utility company come in and turn it back on. here is a mock up of a gas hear the on a house. where would we find the gas meter? >> it should be in your garage. everyone should be familiar with where the gas meter is. >> one of the tools is a

wrench, a crescent wrench. >> yes. the crescent wrench is good and this is a perfect example of how to have it so you can loosen it up and use it when you need it. >> okay. let's go inside to talk about fire safety. many of the issues here relate to fire, for example, we have a little smoke detector and i see you brought one here, a carbon monoxide smoke detector. >> this is a combination of smoke and carbon monoxide detector. they are required in single homes now and in apartment buildings. if gas appliance is not burning properly this will alert you before the fumes buildup and

will affect you negatively. >> this is a battery powered? >> this is a battery powered and it has a 10 year battery life. a lot of times you may have one or the other. if you put in just a carbon monoxide detector, it's important to have one of these too. every house should have a fire extinguisher, yes. >> one thing people expect to do when the power goes out after an earthquake about using candles. what would you recommend? >> if you have a battery operated candle would be better to use. this kind of a candle, you wouldn't want it in an area where it can cause a fire or

aftershock that it doesn't rollover. you definitely want to have this in a non-combustible surface. >> now, here we have our stove. after a significant earthquake we expect that we may have gas disrupted and so without gas in your home, how are you going to cook? >> well, i wouldn't recommend cooking inside of the house. you have to go outside and use a portable stove or something else. >> so it wouldn't be safe to use your fireplace to cook? >> not at first. you should check it by a professional first. >> outside should be a safe

place to cook as long as you stay away from buildings and doors and windows. >> yes. that will be fine. >> here we have some alternative cooking areas. >> you can barbecue and if you have a regular propane bark could barbecue. >> thank you for joining us. and thanks for this terrific space that you have in this exhibition space and thanks for helping san francisco stay safe. (clapping.) ♪ ♪ ♪ ♪ ♪ i think we have more companies anywhere in the united states it's at the amazing statement

we're not trying to be flashy or shocking just trying to create something new and original were >> one of the things about the conduct our you enter and turn your your back and just so the orchestra. the most contrary composer of this time if you accountability his music you would think he's a camera come important he become ill and it was crazy he at the end of his life and pushed the boundary to think we're not acceptable at this point for sure it had a great influence he was a great influence on the harmonic language on the contemporary up to now.

i thought it would be interesting because they have e he was contemporary we use him on this and his life was you kill our wife you get poisons all those things are great stories for on opera. i was leaving behind a little bit which those collaborative dancers i was really trying to focus on opera. a friend of mine said well, what would you really want to do i said opera what is it not opera parallel. why isn't it are that i have the support now we can do that. i realized that was something that wasn't being done in san

francisco no other organization was doing this as opposed to contemporary we are very blessed in san francisco to have organizations well, i thought that was going to be our speciality >> you create a conceptual idea for setting the opera and you spear ahead and work with the other sdierndz to create an overview vision that's the final product felt opera. ♪ ♪ ♪ ♪ >> i was very inspired to work with him because the way he looked at the key is the way i looked at sports looking at the daily. >> so much our mandate is to try to enter disis particular

work there's great dancers and theatre actresses and choirs we've worked with and great video artists is a great place to collect and collaborate. i had a model they have a professionally music yes, ma'am assemble and as a student i benefited from being around this professional on and on soccer ball and as a conductor i'd be able to work with them and it's helped my growth i had a dream of having a professional residential on and on soccer ball to be an imperial >> it operates as a laboratory we germ a national the ideas technically and work with

activity artists and designers and video all over the on any given project to further the way we tell stories to improve our ability to tell stories on stage. that's part of the opera lab >> i was to investigate that aspect of renaissance and new work so that's why this piece it is important it was a renaissance composer. >> there were young people that are not interested in seeing traditional opera and like the quality and it's different it has a story telling quality every little detail is integrated and helps to capture

the imagination and that's part of the opera how we can use those colors into the language of today. >> so one of the great things of the stories of opera and story combined with opera music it allows people to let go and be entertained and enjoy the music instead of putting on headphones. >> that's what is great about art sometimes everyone loves it because you have to, you know, really great you have to have both some people don't like it and some people do we're concerned about that. >> it's about thirty something out there that's risky. you know, disliked by someone torn apart and that's the whole

point of what we're drying to do >> you never take this for granted you make sure it is the best if you can. >> ♪ ♪ ♪ ♪ ♪ francisco recreation & park commission. would the secretary of state well call roll p commissioner president buell. commissioner low. commissioner bonilla.

commissioner harrison p sxhgd. councilmember zaph hearsay been excused absent. before we get starting bio today just a few reminder we ask you turn out of our electronic sounding devices and ask you take my secondary confidence outside and you will have two minutes >> how many people are here to testify or speak on general public comment. yeah. i think we'll do 12 manipulates per person >> we ask you fill out a blue card i'll call the cards in then each person will have