to completion and allow to uphold the permit. thank you. >> mr. sanchez? >> good evening, scott sanchez, planning department, just to respond to a couple of points, first in regards to the concerns about blight, after the collapse of the building, i did meet with the department of building inspection, they had in there -- and inspector duf if can get the terms right there's the engineer of the project sponsor, there was also the enbacker engineer for the adjacent project, there were meetings to discuss this, it was determined that the retaining walls, the foundation work needed to be done in order to stabilize the hillside so that was authorized by the department of building inspection, i concurred with that. it was necessary for safety of the community, that was allowed to continue, but no work beyond

what was necessary to stabilize the site was allowed so after the stabilization was completed, they submitted the building permit application which is now on appeal before you today my understanding they've largely been stopped for some number of months and maybe the sponsor can address that as well. we agree this is a demolition per the requirements of section code 317, we do not make determination of the appropriate permit type, if the board after appeal thinks this was inappropriately issued as an al ration and should be a demolition, that's the determination the board can make, but that is again a decision regarding the department of building inspections determination on the permit. in termser of the notification and communication with the neighbors, ms. woods was interested in this, did follow this along i have several e-mails where i described the

process of 317 which allows administrative review if it's not affordable and exceeding the value of 1.506 before, before the notification went out, i informed them that this would be eligible for administrative review, but despite that, we would be doing a neighborhood notification, so i feel that there has been communication. i did not send ms. woods the decision that we have which is not appealable separately, it's just documenting our sdrition that is an administrative review, i apologize, i hasn't heard anything from her after sending statement saying it's eligible for administrative review, i think all the materials have been provided. certainly the case materials, these were submitted months ago, it was submitted back in may and anyone can come in at any time and request to review

these dockets, i was identifying her we were reviewing the applications, we did the best to apply the law. thank you. >> mr. sanchez, i need your help on this. i'm not sure what this is all hinging on. >> i think the main issue seems to be that the concern that the department of building inspection may have e r-r ed in allowing this as an al ration permit rather than a demolition and construction permit, that's a question for dbi to answer. there are also questions raised about this being a lawful demolition or not, it's something that is ultimately at the discretion of the department of building inspection about whether that is a project that is subject to that requirement and in regards to the planning code requirements which i can speak to i think the concerns stem

largely from -- i believe that this is affordable housing and should not have been allowed the administrative exemption you know, i just believe that given the cost of the land and the cost of the work that was done, this is not affordable housing, i mean, i think it's arguable that this ever really could be considered affordable housing. it doesn't meet any planning code of affordable housing, it's not restrigted in any way of people of a median range it's market rate housing, the building that is built will be the same one that was approved by this board a couple of years ago, the end result is the same, the change is how much material remains in the building. from our purpose, the planning department, it doesn't matter at this point because we reviewed this as a demolition, so if it's one wall or no wall,

it's really irrelevant. we processed this as a demolition and again at the end of the day, it's the same building the same envelope as what was approved already. >> and the proper 311 notification was sent out and *efrp's aware of it. the other question i have, mr. sanchez, is you know, how much resources were used in regard to your department alone? >> but i can't speak to ours, but i think most of the burden fell on department of building inspection who was out there right after it happened and there's been a significant amount of time, i wouldn't say it's exceptional the amount of staff time involved in this, but it's reviewing the same project again. >> okay, thank you. >> mr. duffy?

>> commissioners, joe duffy, dbi again i don't have too much to add, i probably apologize for not having a more detailed cost of fee, i didn't think the fees were going to come into this tonight. i know there were fees paid for staff time and there was a correction notice issued at the time, i don't have the amount of that. i heard that 1.6 million dollar -- i'm not sure if that's the permit valuation fees on permit valuation or 1.6 million dollars in fees, i just simply don't have that information with me. i do have the valuation that was on issued permits which i typically bring with me to the hear ltion i don't usually take the fees for every single permit, that's something i don't have with me and i'm not sure how important that is, i wanted to state that and just in some of the comments i mean, everyone at dbi took this

seriously we don't have this happen. this type of thing does not happen and we don't want it to happen again and for -- i know people are saying there's this going on and that going on i was there at the time and dbi and i saw the concern and the work that went into going out there sending engineers out, sending inspectors out, there was ocea were involved in it as well, there were other investigations going on maybe still going on i know no one at dbi took this lightly, we don't want buildings coming down off hills and i don't think any of us want to think that's something we're brushing under the carpet, there was a -- it's the same as probably any notice of violation, an incident a notice of violation, this is a permit to correct that and as i said, i'm available for any questions on

this permit. the terminology for the demolition, i read out the statement from deputy director larry and that's the department's decision. they do have the right to make that decision we have the right to make that decision and i know that there's the difference in the planning code definition and building code, we always talk about trying to get that better and we dealt with it at the board of appeals before, tla's all i have to say, i'm available for any questions from any commissioners. >> i'm still wrestling with the practical implications of this, so if it has been determined the demolition permit was needed -- >> yes, by dbi? >> by dbi, can you take me from there. >> of course, that would be an unlawful determination, if the unlawful demolition would have

been determined by dbi, a hearing would have been held, and the result of that hearing if it was an unlawful demolition, there is no building allowed at that site for five years unless you want to put back exactly the same square footage that existed prior to the permit being issued for the work, so basically it's quite a severe penalty. >> maybe that's not the question i meant to ask. the permit here is an alteration permit. >> correct. >> sxit's necessitated by the fact that this effort collapsed? >> yes. >> but the contention is that what should be sought is a demolition permit. >> that's what the appellant is saying. >> so that's where i am if somebody determined that that needed to be sought also, not that it's unlawful demolition but that again based on what happened there needed to be a

demolition permit, where does that take you? >> that wasn't determined by dbi to be the case, it was not an unlawful demolition, it was not considered a full demolition, it would fall under an alteration permit which in fact this is an alteration permit. because we didn't determine it a full demolition, it doesn't require a form 3 demolition permit which you would see if you would tear down an old building rtion we're still considering this an alteration and this was a determination made by dbi and that defers from the planning code where they have their section 317 so you have the differences in both codes and this is where you end up, so it is an alteration permit based on dbi interpretation of the incident or what's left of the building. >> but there's nothing going on that would allow any change to the original plans right? i mean, this is to build what

was approved through all the iterations? >> and i would agree yes, it's dpoing to be the same project, foundation wise, it's going to be a lot more, there's an awful lot of concrete in there now. >> but to the neighbor's eyes. >> the project is still the same, bulk height, mr. sanchez can speak more about that, it didn't change the project or the size of the project. >> okay, thank you. >> same question that i asked mr. sanchez, how many hours do you think the city resources have been used on this particular project? >> i don't have a number but it was a lot of hours yes, and we did bill for hours, we had a correction notice that billed by the hour, our rate, i think it's about $170 an hour, a senior inspector has a comment. >> i issued a correction notice to mr. murphy for ?r in the

area of 8 to 10 thousand dollars for work that we put in directly as a result of that collapse. >> okay. >> thank you. >> and any other questions still remains at this point is regarding the estimated cost of construction for the project. i pretty much assume that's going to change at this point? >> i would imagine so, yes, and that's typical for projects notd in this case extra for the foundation, if the board directs us to do so and i think you are and obviously it's been made aware to me tonight and i can bring that back to the department to review the valuation of all work including the work that needed to be done to remedy this incident that happened so that would be something we could do. >> thank you.

>> commissioners, the matter is submitted. >> commissioners, the -- i think it's time to put this one to bed. the question of whether it should have had a specific type of a permit and the technicality of what was perhaps kind of a misnomer in the way they filled out the permit that there was no demolition is -- to me doesn't rise to the level that we want to have more process. i believe that the appellants

have had their day in court, due process has been provided to them and i think it's time to put this one to bed. the issue from a non-technical, from a non-procedural and a non-legal basis is what happens if the demolition permit is overturned? the building is gone already. there's nothing left, you know. i'm sorry but there's nothing that would be served by going through more process here. >> [inaudible] wishes to address the board much. thank you, commissioners, scott sanchez, i have information in materials of the permit cost to this, it's under the building and inspection report if i can have the overhead and this was

submitted in the appellant's brief. so, the initial construction estimate of october 11 was 60 thousand dollars for the work, it was subsequently revised by dbi to 300 thousand as part of the permit review process, it was again revised to 610 thousand dollars in 2013, this is prior to the collapse and then after the collapse and review by dbi, principle engineer the construction cost was up to 1.57 million. >> does that imply in which the base the fees would be -- >> yes, the fees would be based on that revised construction cost. >> thank you for that clarification. >> so where was i? >> so rudely interrupted by the zoning administrator. >> i think that's it for me. i'm prepared to move forward

from this point. >> i come to the same ending, but i have some issues with the process here. i don't mrao*ef the neighbors deserve to have anymore process as my fellow commissioner has stated, i mean, what's the use if we establish this as a demo? do i believe there's been some benefit from the so-called calamity? i do. would i expect more from someone would was a president of a dbi commission as well as a current commissioner in the city? i also do. unfortunately, our system is not set up for this type of situation and i believe that it is in the benefit of the neighbors as well as the city to move forward with this. >> do you want any comments? i'm going to move to deny the

appeal and uphold the permit. >> on the basis? >> let me restate -- let my think about this for a second. on the basis that the dbi's determination is sound and not in error. >> there's a motion on the floor from commissioner fung to uphold this permit on the basis that the department of building inspections determination is sound and not in error. on that motion president

lazarus? >> aye. >> vice-president honda? >> aye. >> and commissioner wilson is absent. thank you, the vote is 3-0, this permit is upheld on that basis. >> president lazarus, there's no further business before the board. >> we are adjourned. (meeting is adjourned).

. >> all right. good morning everyone. how about a big hand for our dancers? i can't hear you. [cheers and applause] yeah, give it up to them as they head back to the hilton. let me begin by thanking all of you for coming out today. it's such a beautiful day in chinatown, is it not? i see larry excited to go clean. first of all i want thank all of you for coming out. it's very important and from our department, the department of public works. we are so excited that you guys have come out today to join hands with us to keep our city clean and green, and every year for the chinese

new year we always hear and the chamber of commerce and all of the chinese organizations here always work with us to make sure that they bring a lot of people out to help us clean the community so thank you everyone. all right. also earlier this morning our agency has been all over chinatown preparing for the chinese new year's festivities. there are so many events and chinatown is the mag nent of bringing tourists into san francisco and we have to do our part and there is no way that our agent or rec and park or all of the agencies together and get the city cleaned and your extra hands are very much appreciated so give yourself a hand for coming out and keeping our community clean. [applause] i am going to introduce someone

who i call a cheerleader of neighborhoods and someone that taking care of neighborhoods has been his priorities, and also former director of public works but now our mayor ed lee. please welcome him. >> thank you muhammad. good morning everyone. i want to thank muhammad and the entire dpw crew. you know muhammad he's going to be the grand marshal this year at the parade. all right. i can just visualize him. he will say he doesn't have to piece a garbage up because he's the grand marshal and i want to thank you for can i -- kicking off

the chinese new year and valentines day. muhammad where is my flowers? >> [inaudible] >> i want to say thank you to all of the community groups that are working together with our departments to make sure that our neighborhood here, not only chinatown, the entire district is clean, ready for not only valentines year and the new years and there is going to be a lot of celebration. today we have the flower mart and you will see people buying all of the symbols of happiness of welcoming in the new year. i want to give a hearty thanks to the chinese chamber of commerce who are here today. thank you very much. [applause] eddy raise your hand. i see a lot of the chamber members here and i wanted to thank the

chinese benevolent association who are here and thank you to all of the departments here represented. how about a hearty hand for these department ?ses yeah and we have our special guest that are performing all day long. they're going to remind everybody not to trash the place, make sure all of the tourists and people coming from neighborhoods enjoy the great few weeks coming up. make sure they are also keeping the neighborhood clean. i want to congratulate again introduce our new direct supervisor julie christensen for being here and the hilton and a big sponsor of these teams and always here and making sure the youth is working together with our businesses. i had the pleasure of being able to join all of you at the

different events the next few weeks. i also want to say we're working hard together with the supervisors, with our office, with the neighborhoods, not only to do more housing, but we got to keep our streets safe. today when we're cleaning the streets make sure everybody who is volunteering pays attention because dpw and all of the agencies and rec and park we're making sure anyone that drives big trucks in and out of the district whether delivering all of these goods or dog construction like they're doing on this public restroom that will be finished very soon. no matter what they're driving whether in a city vehicle or truck or they're delivering great goods or they're the big trucks we're training everybody to be safe. watch out for pedestrians and what i ask is that pedestrians big and small are also looking both ways and making sure they're safe. we invite a lot of people on our

streets and our sidewalks. we just want to make sure the number one thing is everybody is safe. this is important to us because without your help, without your safety you have nothing else to share and we're all about sharing more prosperity in the city. we want to build more housing. we want to make sure that the low income housing is the best it can be and increase housing opportunities in the city and everyone shares in the great prosperity in the city. we want it here in chinatown and north bech as well. and how about that more house something yeah, we can work on this but during the holidays it's about celebrating the culture and sharing and making sure peoplend chinese folks have a long history here and we want to share it with everybody in the city and i am proud of our

public works and the rest of the city departments joining the volunteers. have a safe day today. this is the 19th year? 15. wow 15 years of cleaning. i know muhammad has all of these statistics and we got rid of the graffiti on the street and i know it because i did them myself and the traffic and the light polls and i want to thank all of the crews and making sure you're safe out there and great appreciation for everyone. i see you out here, the wonderful agencies. there are so many of you and i know muhammad is going to go through the entire list, but yes let's keep volunteering. let's keep asking people to make sure that they respect our communities and let's keep the district clean. this is a welcoming in of the entire year of the ram and let's ram

through a wonderful year for everybody. thank you very much. [applause] >> all right. give our mayor another big hand please. so i know you noticed these three guys out here and i know you know what they represent. does everybody know what they represent? who is the green? >> [inaudible] >> comp post. who is the black? >> [inaudible] >> all right. who is the blue? >> [inaudible] >> recycle. okay. so i want to thank our partner for the clean team, but also leading the nation in this rheology and has been instrumental in making sure that all the stuff that we try to get rid of it goes to the right place and reused and by their leadership san francisco has been able to increase its

rate almost up to 80% now. 80%, so we have to go that 20% and that 20% is the hardest to get to, and so you see these guys out here and they're here to remind you to recycle and put it in the right place. all right. give them a hand please. [applause] as we go from district to district it's always our honor for us to ask the supervisor of the district to come up and say a few words and i know julie has been involved in many, many community projects around chinatown, but as a supervisor for the district this is her first clean team so please welcome her. julie christensen. >> good morning. good morning. as the supervisor

it's a special day for me. it's new years. i love the custom of starting new years clean and fresh. it's also valentines which is about love and i think we all love chinatown when we clean and fresh, so today we're grateful to you for helping with that. my job as supervisor is to act on your behalf to thank people who have made a special effort to make today a success so i don't think we can thank muhammad enough for all that he does for district 3 and chinatown. let's give him a big round of applause. [applause] and our mayor of course who keeps a special eye out for chinatown. thank you mr. mayor. [applause] and all the representatives of our city departments, especially phil ginsberg who keeps the park nice and we're starting on a new project to keep it nicer.

thank you. and to rose pack and all of the members of the community who work hard everyday and not just special days that make chinatown a wonderful place to live. thank you to all of the communities, so as supervisor we turn our thanks into certificates of appreciation, and so this is just a physical way to let people know that we're really grateful for what they do. there are groups that participated today especially on behalf of the community i would like to thank the chinese chamber of commerce for their participation today. is eddy here? eddy thank you very much on behalf of the community. thank you. [applause] eddy, you get two. and let's see do we have a representative of pinuen