it came out of nowhere. suddenly, there were lights all around me. i'm like, "they're coming for me!" yeah, it was crazy. i just never thought they'd find me. not out here. it doesn't matter where you drive. if you don't buckle up, you will get caught. cops are cracking down all across the country. click it or ticket. >> good evening and welcome to the wednesday, august 26, 2015, board of appeals the presiding officer is board president commissioner president ann lazarus and joined by vice president dearly honda and commissioner fung will join us in a moment and commissioner

swig's will be absent to my left is the city attorney that will provide legal advice and the boards i'm cynthia goldstein the board's executive director and joined by we're joined by representatives from the city departments that have cases before this board. sanchez is going to be representing the planning department and planning commission pr and we'll also be joined by joe duffy who will be representing the department of advised the ringing of and use of cell phones and other electronic devices are prohibited. out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the

minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv. thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i

do. please note: any of the members may speak without taking please stand now do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you commissioner president lazarus and commissioners one housekeeping item we just received a withdrawal of item 6 appeal number 1014 dealing with an alteration permit that matter will not be heard moving to general public comment is there anyone that wishes to speak on a matter within the board's jurisdiction not on tonight's calendar seeing none,

item 2 is commissioner questions or comments and commissioners. >> i'd like to wish our missing commissioner happy birthday today. >> okay. anyone else. >> thank you. is there any any public comment on that item? seeing none, we'll move to item 3 the boards consideration of the minutes important the august 12, 2015. >> additions, deletions, or changes dleekz to the minutes if not may i have a motion to approve. >> so moved. >> thank you. >> we have a motion from commissioner vice president honda any public comment on the minutes okay. seeing none commissioner fung commissioner president lazarus arrest commissioner wilson thank you and commissioner swig is a absent so that that motion carries 4 to zero item 4 a

jurisdiction request for santa fe avenue we have the requester taking the jurisdiction over the permit application issued 0 on may 22nd the appeal period ends and the jurisdiction request was filed on august 10, 2015, the permit holder to remove two residential living spaces for storefront at the ground floor and rove a stove from the first floor and the basement level the street floor level to be returned to commercial use with the application we'll start with the requester please step forward. >> you have 3 minutes to present our case to the board. >> thank you. >> well as i stated in my

letter my landlord never contacted me to let me know he was seek a permit for demolition if i had known i would have begun done a. >> could you speak directly into the mike. >> sure i received no notice from the planning department had this is a requirement for the code the apartment building is registered as africa rh2 two family residential two addresses 6865 and 3 built in 1908 and under rent control my landlord previously. >> i'm sorry to interrupt you it came back came to my attention is there someone representing the landlord okay commissioner fung thank you for brooishg it is if you could

stop the clock he might not intend to be here would you want to continue? >> why don't you finish. >> okay my landlord has previously requested a permit to diminish demolish it and turn it into a storefront none of the other units many my building are effected i believe the permit should not be granted because the entire building is registered as residential not commercial so is cannot be illegal turned into a storefront built in 1908 and it is a rent controlled building if any landlord forces me to move out of my apartment this would a illegal move to make it a storefront it is registered as a reciprocal and

would constitute an illegal eviction. >> how long have you lived there. >> 3 years. >> 3 years. >> as it you. >> i have one roommate. >> thank you. >> mr. white horn the permit holder brief indicated he was going to pull excuse me. he was going to do have this - permit. >> can't move. >> and reissue it so you can appeal the full permit instead of asking for jurisdiction. >> he did say that he sent that letter as i said he got the proof of the permit on may 22nd i founded on june 17th

it was about two weeks after he sent the letter i was pretty much behind the game i didn't know i had no choose to file regardless. >> okay. a good clarification on the building so mr. white horn thank you you can sit down anyone on behalf of the permit holder we'll like to hear from inspector duffy. >> yeah. mr. sanchez as well. >> connect correct. >> scott sanchez planning department the property is located within a rh2 zoning district the permitted to remove a between didn't trigger a be neighborhood discretionary review authorization and

possible removing it the jurisdiction requester raised concerns about the unit may convert to the permit indicates some of the print shops and on the two dwelling units and given the fact within an residential district would be concerned because any there could have been a commercial use permitted and it would have continued on providing concern conditions but to restore it the location will not be permitted under the code we'll have concerns and we're not opposed to the board taking jurisdiction to investigate this further and the permit holder intend to withdraw the permit that would be probably better thank you. >> so one question two illegal units he wants to remove one.

>> the permit shows that it says the existing legal use is two dwelling units and the print shop and the two units it is removing two illegal units on the - at the unit 665 first floor commercial so we have concerns what that goes to and the concerns to return to commercial space per photo and planning land use approval i think we need more information it is possible that maybe permitted but if it is more than 3 years then the non-restricted performing band has not enough information at this point to say the permit was properly issued. >> mr. duffy.

>> good evening, commissioners joe duffy from dbi i kind of agree with mr. sanchez in that i haven't seen any drawings or the plans not sure what they're talking about on the ground floor but they're indicating someone is indicating two residential units 665 storefront and basement and then the basement per 817 is an administrative code we use for commercial occupancies they're not saying final until the appellant has filled the basement it is unfortunate that the permit holder is not here to answer questions probably looking at the plans would be beneficial and i'm sure

if it came with a visit to the property we may have to do as well just to clear up what it is. >> you know what the status of the permit is at this moment. >> the permit is issued i did not check the history but if the applicant wishes to cancel it with dbi no problem and get a refund it takes a couple of weeks for this to happen we've not received that not that i'm aware of. >> thank you. >> any questions okay any public comment on that item? okay. seeing none commissioners the matter is submitted. >> i have a question i think so their concerns about the permit this is a jurisdiction request i

don't know if it meets that standard or not in terms of notice to the occupant obviously i don't want this mr. sanchez if you have an answer. >> thank you scott sanchez planning department i think so our concern how to applies to the sidewalks before you separately the jurisdiction requester has raised concerns about the permits we'll investigate in this matter but certainly on first review there could be a permit if we find a flaw they could cancel the permit and require the corrective action. >> the question becomes was the city caused the applicant the appellant to not get proper notice i don't know if this is

the case. >> well, if the permit allows something i mean it is unclear pa what is available now it may offer something if at all possible requires a conditional use authorization and whether or not a notice was done more fatality flaws. >> if it is band for 3 years. >> exactly to restore a limited commercial use if band for 3 years with a conditional use authorization to reactivate the use that's the concern we are supportive of the jurisdiction request to allow time but separately if it is denied we'll investigate the matter. >> i don't know if this is a question for you or mr. duffy

are you able to suspend the permits. >> we've done it before. >> well perhaps without having enough information we could continue and the development of any information that either planning or building needs planning, of course, can act on its own with respect to this permit holder. >> mr. duffy would like to - >> sorry commissioners just wanted to add in the cancelation of the permit is probably option because suspending the permit creates appeals on the suspension and if the permit holder wants to cancel the permit maybe it maybe indicated to the office that was what they wanted to do i can accommodate

that we haven't done inspectors so if the permit holder wants to take that permit away and not do that this was the best solution. >> the problem he's not here we don't have any assurance that is what he wants to do. >> so shall we continue it. >> if we continue this is a jurisdiction request that means we could. >> do you mind commissioners, if i ask the appellant a question. >> no. >> could the appellant come back to the podium please. mr. white horn. >> two questions, mr. white horn one in the permit to remove two illegal units is there another tenant that be affected or is that space vacant that stays space is vacant that

was the x landlord son. >> is there any work that was started. >> none whatsoever. >> can i add one more thing. >> no actually. >> okay. >> what's the best course of action. >> i'm going to ask to continue it or to allow for the jurisdiction request. >> i probably am leaning towards continuing. >> okay. >> make a motion commissioner fung. >> move to continue this madam director. >> do you want to continue it particular to allow the departments to do investigation or thinking the permit holders will come forward with more

information. >> i'll expect both to occur. >> okay. >> what do you think october 7th? >> that is actually a very full calendar with. >> november 14th. >> yes. >> move to continue this case until november 14th. >> okay so there's a motion by commissioner fung to continue the request to october 2015 to allow time for a dbi and planning department to investigate the status of permit further and to ask the permit holder to provide more information on his intentions is that the goal. >> yeah. >> on that motion commissioner president lazarus arrest commissioner vice president honda commissioner wilson arrest

commissioner swig is absent that that motion carries 4 to zero mr. white horn if you have any questions get in touch with us. >> next is appeal number 5 versus the department of building inspection with the building approval on pen people avenue protesting the issuance on june 15th to add a permit to erect a building for a 5 story with 14 hundred square feet of a - >> i need to make a disdisclosure i have an existing relationship with reuben, junius & rose and i've retained it as council and reuben, junius & rose representation is appearing before the board will not have any effect on my decision today. >> we'll hear from the appellant now you have 7

minutes. >> good afternoon i need guidance i'm the appellant i understand we need 4 out of 5 votes and going forward i'd like a 5 board members to hear my case which do we have a fifth member here. >> there's never a guarantee to have 5 on a given evening so if i were you i'd precede. >> i'm sorry, i can't hear you. >> there's envelope a guarantee on a given evening to have all 5 members here we encourage you to state the merits of your case. >> i'd like to address 5 board members and whatever there is 4 out of 5 you know i'd like. >> the standard procedure is

that should be the discussion among the board members need where the additional vote would effect the outcome we'll continue it otherwise we'll precede it here. >> did you understand his point. >> so mr. gonzales the point is if the boards missing member the vote of the missing member makes a difference in the procedures little board will continue the merit matter and they'll review the video what another procedures to participate in the final vote but they would like you to proceed. >> i'll precede anyway? yes >> good afternoon i'm robert

gonzales mooens live on pennsylvania avenue 25 feet from this project one block away i've first time learned of this project in april 2014 and filed the application on may 2nd the developer makes allegations i want to respond to briefly on page 1 paragraph two he says i misunderstood section 311 and the discretionary review authorization process and quote projects that may qualify for a variance for certain planning code requirement as in the case with the projection garage door are code compliant for the section 311 unquote he provides no authority for much exception,

however, the planning department says the planned are not complete with the code compliance and put the project on hold and told the developer if we wants double doors seek and get a variance on page 2 the last a pagers and similar sound-producing electronic devices are prohibited at this meeting. participate the develop quote the only changes those requested by the appellant and underscores requested by the appellant i've not asked forces changes on the contrary it is clear quote the project should, scaled down in keeping with the neighborhood characterization it would be of interest to know what the developers makes no notice of the planning requirement which ordered all the changes 33 he retired to in the developers brief i requested

no changes whatsoever as i said in my brief all residential construction in san francisco must be in compliance with the planning code at the time of the 36 notice on april 2nd the proposed project was not complete or considered code flient on april 2nd the planning department was without planning code authority to send out the notice but did so in a direct violation of the planning code and making the notice void the planning department can use it's discretionary powers this is discretionary review authorization is premised on the existing existence of a quoted flient project that didn't exist with that on august 7th or october 9th or any other time

during the process on october 9th the department did not have any power over the non-compliant project on august 11th the department sent the project sponsor a notice and plaza played a hold on the project the department ordered the application revised within thirty days and if not the planning department threatened to cancel the application as for the 311 notice on april 2nd the planning department was out planning code authority to order any revisions new plans were filed open november 25th i was provided hard copies on october 9th the notice for discretionary review of the april 2nd plans was

called before the commission i argued again, the project without notation the department took discretionary review and ordered it without conditions and ordered the permit some weeks after october 9th the department had a dr ruling and paragraph 5 it states quote with the proposed notifications the garage entry would be code compliant and allow for permitted landscaping isn't setback the commission admits the project didn't comply with the planning code and so if never compiled with the planning code the commission if have the authority to use discretionary review on october 9th there is a difference between the plans of

september 25th the april 2nd plans never met the standards of planning code the september 25th plan has 20 pages of new plan and i represented as meeting the standards of planning code how have those new plans are not a notice to the neighbors the new plans are not in compliance with the code there's a privacy violation it is violated by the revised fourth floor deck that has a direct view into my master bedroom from 25 feet away in conclusion i'd like to say that board of appeals should confirm the planning department never had the authority to exercise any time and the project plans were not because the project plans were no

according to to board of appeals should deny the application of june 12, 2012, 2013 i is you to do that may i have another minute. >> you have rebuttal also, sir. >> thank you. >> thank you. we'll hear from the permit holder now. >> good evening members of the board tom of reuben, junius & rose here on behalf of the appellant also with me the project sponsor larry and our architect jeff we're available for any questions you may have i just like to make a couple of points in the materials we submitted to the board first, this section 311 and the discretionary review

process were both proper under the planning code and were consistent that standard planning department procure no new section 311 notice was required typically in the building envelope is expanded in any way a new notice is required that's innovates the case here it is proper for the residential design team to review the frontage project for design issues that is what happened the rdt considers the issues of its own and issues race by the discretionary review request which in this case it did. >> variance are available to project sponsor those are considered after a section 36 a notice is issued in this case we considered seeking variance but instead decides to modify the project no variance were needed

this section 311 process worked exactly as it should the appellant had ample opportunity to weigh in concerning the project he communicated significant amount with the project sponsor and planning department staff several the changes were you incorporated into the project the planning commission had a hearing on october 9th considered the project as a whole and considered this specific issue of the 311 notice i think we can agree they're the authority on interpretations of the code and planning department process they considered this issue and decided the section 311 notice was proper the zoning administrator also determined that the notice was proper as the dr procedures i'm not the he can weigh in with that, i'll

conclude we urge the board deny the appeal and again, we're available for any questions you may have and thank you for your time and consideration. >> we have a question you indicated you had incorporated some changes request do by the appellant i believe you said he never made in convicts requests. >> among his requests were the initially double proposed garage door be a single this was incorporated he asked for more landscaping isn't front that was incorporated and he and the adjacent neighbor requested that the lightwell that was expand at their request the planning department asked for a 3 by 5 dimensions lightwell we actually provide close to 5 by 8 in that lightwell. >> how were those requests made

in hearings or writing. >> after the 36 notice was issued the appellant submitted it's discretionary review request and in that request he enumerated his concerns with the project we then respond to those and the rdt evaluated those as well. >> okay. thank you. >> mr. sanchez. >> thank you scott sanchez planning department you don't know i don't think there is too much to add on this item because the notice was subject to the process through the 311 neighborhood notifications and the question of hearing and being appealed to a hearing on the building application the project is code compliant the appellant raise concerns of the 311 notification

which they respond to by filing a discretionary review having a full hearing by the planning commission the planning commission don't care the discretionary review added minor tweaks and ultimate that was approved my understanding the appellant wants you to deny it essentially send it back through the process for a new 311 notification to the same project can presumably be approved by the planning commission in if a new discretionary review is filed by the appellant i think this matter has been properly vetted the 311 notice went out perhaps issued a bit premature and didn't have our review comments and made revisions and the changes would not have triggered a new notice in and of itself there's a process this as

been appropriate and i believe the commission was within their right to have a discretionary review heather and not vetted to the planning commission under 311 as your discretionary is not delegated do you under the 368 for the tax code i think they properly had the matter before them and you have it properly before you and alu you're finding the project is code compliant and meets the guidelines with we respectfully request i uphold the discretionary review on this matter i'll be happy to answer any questions. >> i have several questions. >> the by way of it is kind of difficult to go into our website and look at it profess hearing as of sfgov i don't know why

this is neither here more there. >> the webbed was down today but difficult to look at sfgov video. >> from the website anyway in terms of i read the staffs dr analysis what do the commissioners say about the scale of this building and the inspection. >> i don't have quotes but report from the dr they ultimately took the discretionary review and they where i reside that the stairs near the property line be moved to the external and the windows have to be meet the requirements those are the two concerns of the intrusion into the rear with the stairs which were required

to be made internal. >> was interest any discretion and hearing this building a larger and taller than those surrounding it. >> i unfortunate was not at the hearing i can't repeat it other than they approved the project. >> perhaps you can run through the changes that occurred the drawings that were provided shows the double garage door. >> uh-huh. >> i believe three or four items changed the lightwell. >> the staff outlined that in their report as the that the project was revised for a 10 foot wide compliant door so i can't explain why the project

sponsor provided plans that didn't show that. >> it also shows that the ground floor and basement occupied areas occur right after the double car garages so i presume there are changes there. >> any other questions i can research for you. >> are you finished commissioner. >> why not you go ahead and are they at the max density for this particular project. >> yes. they are. >> and the other question the rent representative for the approving or disapproving the revised plans from april to september are completely code compliant with no variance. >> that's correct i believe the variance were filed at a point in time but not sure that is

pursued. >> commissioner. >> why not hear the rest. >> thank you. >> thank you anything inspector duf duffy. >> commissioners joe duffy guy i didn't hear any building code issues brought up i think the permit was reviewed properly by dbi through the proper channels where the building engineers planned checked i'm sure reviewed it thoroughly i don't have any questions. >> any public comment on this item? >> please step forward. >> good evening president and board members i'm shawn i live

across the street from the the proposed project and i'm also an architect i've practiced in san francisco for roughly 27 years and when i first started practice a couple of notification process started with the interim controls in 1988 it was codified with the 311 process and the 36 process has a simple basis when the project is essentially presented to the public through the notification process that it has been reviewed by staff and that it meets the design planning code this is the public trust that this project and all projects need to meet the design standards of the code prior to

36 notification that way we don't have crisis when it comes to arguing whether or not a project meets the code or not i'm troubled with the almost casual nature that this issue has been treated with because it truly is a trust issue and if we don't have projects that meet the code when the notice goes out the 0 notices don't mean anything their invalid not worst the paper their sent out on and as architects we go through a lot of heartache to try to get the projects code compliant through the process one of the main things that happens with the planning process rdt the residential

design teams they typically with new construction review all projects prior to notification going out i mean rdt they review sometimes really minor issues and planners bring it to rdt this project never went to rdt by 311 and i come back to the 311 process it never really happened with this project because a code compliant project never legally went out to the neighbors and so the recommendation with this typically is renotification i've had to renotify on projects before if there's a dimensional error on the plans or a planner missed

something and it wasn't right the notice goes out it gets renotified i've had to redo preapplications this one clearly has the mraif not limited to in the may 28 and august letter it if comply with the code. >> your time is up any other public comment? >> my name is stacey morris my husband and i live on pennsylvania next to mr. gonzales we're kind of late to the game we didn't understand the process and procedure i received a card in the mail saying this appeal was on i wasn't aware of everything leading up to this point we'll

on to the character of the building not fit into the neighborhood there are any buildings including ours this doesn't fit with the neighborhood it is the wrongs building for that space. >> thank you any other public comment? seeing none, mr. gonzales you have 3 minutes of rebuttal >> madam president and members it is voigt section 311 is described as prematuring that is to say this project had violations with the planning code 311 says very clearly that if it violates the planning code has a violation and double garages no driveway imprint the landscaping was non-exonerate those are planning code violations right on the plan that says if it is a

violation don't send out a 311 notice the department knew the project explicit comply with the planning code they have discussions about the double doors the department hold the developer you can only have one door the developer says i want two this conversation took place in september of 2014 and discuses it until april 2nd when it sent out a 311 notice those plans didn't comply that was a deliberate act to violate the law now i got this notice in the mail i didn't know i looked at the if i don't take action the department of city planning will approve this monster project 25 feet from my house you've got to

see it it the the ugliest i found the things in my brief i hope you read it the planning commission didn't they didn't discuss at all the height and anything nothing was discussed in my brief they've heard me and want me to accept the plan and issue the permit after they issued the permits they've put on the conditions so you know 311 is the law of san francisco and how you build and it says clearly that residential new construction must they didn't say may or perhaps premature shall comply with the planning code it is mandatory.

>> i've got 30 seconds either the law assess what it is or those guys did away with everything me deliberately and intentional put out that notice and they said if i don't do anything they'll approve that and in the project they go and they send out nos and tells us i didn't get a notice and you better provide those because it is met thank you. >> mr. sunny 3 minutes. >> just a couple of comments concerned about the allegations that somehow the approving or disapproving and department deliberately deceived the neighborhood and the public somehow the public trust was violated this project was just from the

section 311 notice to the discretionary review hearing reviewed for 6 months and there was 6 extensive input including the appellant about the project we talked about the residential design they've promised it and as the zoning administrator state this project was excelling reviewed and the public trust was maintained thank you. >> mr. sanchez. >> thank you scott sanchez planning department. >> yes. to reiterate again, the plans as they went out to notice they were sent out and prematures the correct word to use obviously it was required as

the department noted in the testimony that review was performed and changes made to the project they didn't themselves require a notification did not shift mass around and brought the project into compliance with the code requirements those are the plans that were reviewed by the planning commission i do notice what is listed as told them a were not the plans reviewed by the police station their plans that predate the planning commission that show the two doors you may want or maybe the project sponsor can clarify that the plans were ultimately approved by the department and the planning commission are not before you. >> i have a question. >> go ahead. >> those changes occurred

following the planning commission hearing some of them. >> so there were changes after the 311 notification the discretionary review was filed and oats concerns raised staff worked with the project sponsor to address those and bring the project into experience compliance and then tomatoes to the heather and the planning commission had additional changes and it would be revised future before staff approved that but the plans that were reviewed by the planning commission i pulled it up on our website the materials and docket shows a single garage door. >> refreshing my memory if someone applies for a variance than the 36 can go out it is as

soon as you have the hearing in front of you. >> well tests general not a requirement we encourage the permit and the 311 notice go out prior to having a hearing or decision on the variance so that the public can be informed but, yes i mean, there's no way to read the language of section 311 strictly to say only projects compliant can go out but some projects are needing a variance requirement certainly the department make an error yes this shouldn't have gone out to 311 but the issues raised during the 311 notice about the code compliance were addressed by staff and other issues recommended to the unbelievable the size of the building and the

privacy concerns those are not strictly code compliance i think so about the privacy but this has been reviewed by the residential design team and found it to be compliant. >> you somewhat answered my question how often does this occur. >> not often this was a team a member of the department there was miscommunication at a time. >> i think so this project has been vetted but you have a problem with the timeline. >> i understand and this is not the way the project should be processed. >> after the 36 notification unusual you want the project their discussing to be before the boards reporter and then this doesn't seem like it is

quite there. >> there were issues about the code compliant that's one of the reasons we have neighborhood notifications there it happens from time to time maybe new information available that the project may not be compliant but in this case you know certainly there was new information we respond and brought the project in compliance with the code those changes doesn't in and of itself trigger a new notice not the dimensions changing having to renose because of dynamics that's not the issue the primary issue were the garage doors and the landscaping at the front those with provided meeting the code requirement and that action didn't require notice. >> so the appellant had mentioned the four story master

scoot loobtd into emphasis master suit was that on the original plans? and i don't know exactly which window your referring to and maybe i can talk with the permit holder. >> i have a quick question the fact there was a dr hearing on this project allows for additional public comment correct. >> an additional moral limited notice for the discretionary review hearing and the for the purposes of this hearing essential the same radius as a section 36 notice. >> thank you. >> i have a question, sir. >> i'm the architect on the project the appellant mentions design changes regarding the master suit on the fourth floor.

>> correct. >> what's the difference between the original drawings. >> the original design had a fairly consistent straight wall along that privacy the property line and during the dr request mentioned that there was a sargent at the neighboring property we felt should be addressed in our project so we setback that wall thank you position of their setback and then creating the lightwell we added that. >> they removed most of the windows and in the final review because what happens w what happened we have a solid wall so we pieshd the 411 by 8 and it seemed silly to have the windows we put the windows in and substantially all the views are

kind of towards doirnl do you want we moved the internal lay out so two slots were there used to be a full window shown. >> okay. thank you. >> unless there are other questions the matter is submitted. >> i have a question for council. >> does the premature notice make the notice as a matter of law. >> well, i'll think if the premature notice was such that it doesn't have information that would inform the notice of what the project would be in terms of that somebody didn't have enough information to know they should protest or raise a concern then it would be a problem if there's no denial of an opportunity

because of the notice i'll say that's not a problem. >> it is a matter of whether or not a person was denied due process whether or not that makes a difference. >> thank you. >> perhaps question, discuss it on an issue by issue basis as far as my thinking i don't see that as a due process i think the project has been properly vetted not perfectly vetted but properly vetted in terms of being able to present what the impact is of the proposed to the neighbors and the community at large

the - there are two other things that are principle issues to the appellant one is the question of how this building looks at and i've resisted getting into that both in terms of my career at planning and my career here it is difficult to apply our aesthetic likes and dislikes on every project that comes before us i'm not prepared to tackle that the last issue with the larger issue for the scale of this building and the inspection within which it sits in terms of

the neighborhood there are no doubling doubt that believe is taller the question is whether it exceeds the level of difference between what is exist and therefore i'll think compelled to do something this is close i'm not sure if this is compelling in terms of trying to modify the scale but close. >> i feel the process was a little bit out of order by the main concern really is that the neighbors were able to express their opinions and those opinions were taken by staff and

the department i feel that i would approve this project. >> night i for the benefit of the commissioners i'll read it to it sort of helps section 311 purchase the purpose of this to stash permit building proclamations to determine the capability and for providing. nosenose: of property owners and residents and neighbors for the proposed project and to address the concerns that may be identified it doesn't change what i said it is sort of laid-back. >> proper notice. >> i'm inclined to go in the direction you've stated

commissioner vice president honda. >> commissioners. >> i'll make a motion to deny the appeal and uphold it was properly issues and code compliant. >> thank you 0 a motion from the presidents to deny the appeal and uphold the permit on the basis it was properly issued on that basis that motion. >> commissioner fung. commissioner vice president honda commissioner wilson no okay. and the commissioner swig is absent so commissioners that motion carries with a vote of 3 to one >> thank you so number of has been withdrawn and will not be heard we'll move to item 7 appeal valley

neighborhood association association versus the zoning administrator on protesting the owners on july 8th a request to resend revocation asking the department of building inspection receive four building permits that after further investigation the planning department buildings those permits were properly issued under the planning code we'll start with the appellants and i'd like to ask twhoefr is standing when the room clears to take a seat we need to make sure those hallways are clear for fire thank you for that is the appellant representative here please step forward this is your time to speak.

>> you have 7 minutes. >> i haven't filed out the speaker cards. >> state your name. >> good evening board members i'm lawrence the current wanting of the hayes valley neighborhood association. >> would you speak directly into the microphone and raise it up if you need to. >> launder the current president of the hayes valley neighborhood association and we thank the board for hearing our appeal the hayes valley neighborhood association commend that ace is a formal retail company such formula retail establishments are prohibited in the hayes valley transmitted compld it fits the formulas use

as a type of sales establishment and has 11 or more on the sales establishment or local land use or entitlements located within the world's ace state in their declaration of june 1st have 7 operations for the hayes street april 8th this declaration was the basis to resend the previously revocation of the permits for the site, however, reach showed that kitten ace has entitlements in place for at least 7 other domestic locates and even more internationally in the period of april 2nd it through june 25th that's exhibit a those local entitlements include the certifies

certificates of occupancy and the domestic locations within their jurisdictions indicate their intended use as retail as the locations of the land use were already approved by april 8th in previous locations of retail businesses i refer to our exhibit b and kitten aces marketing clearly show their intention to be a international chain fitting the formula retail on the kitten and ace website on august 4th they stated they'll open 1 more locations within the 2014 calendar alone each quote openly soon in north america unquote mentioned the length to a map with the street address to the

stores this public announcements showed that kitten and ace are in the process of securing those locations exhibit c more over on their websites kitten ace.org they character i's themselves as a formula retail they fit the definition of formula retail in the planning code they meet all the criteria for the definition of a retail business in addition to the number of stores our local land use and entitlements requires the business maintain two or more of the features the standard device facade and standard sister color scheme and signage a trademark or landmark it has standardized decor and

scheme and signage those exhibits are photographs and in addition 31 they have the word kitten and ace a trademark our exhibit e based on the photographs of the kitten ace stores and the trademark operating application must be concluded they are formula retail. >> future the planning code says the burden of proof is not a formula retail we feel kitten aces intention is clear they have awning uncontinual intent to meet the formula retail prior to their application for you hayes street matt haney i've planned and secured locations statewide and in the process of meeting hiring needs clear from the

announcement of the upcoming locations whether or not they were formula retail at the time of the permit is mute they've already in place a clear plan to meet the criteria for the above reasons the hayes valley neighborhood association contends it kitten ace is a formula retail under the criteria of the planning code the hayes valley neighborhood association requests the board of appeals to run state the rest indication of their permits thank you. >> thank you. >> thank you and we'll hear if the permit holder.

>> good evening commissioner president lazarus and members of the board i'm the ceo of kitten ace i wanted to tell you a little bit about me and my company i penalty the last 5 years companionship a cause that cause is the shifting of capitalism away from if the profit education and towards a mandate of delivering associate back to the communities in nodding i founded an institution of a benefit corporation who mandate was to help social minded businesses grow in 2011, i delivered a talk on the generosity and business and not living with governance in the face of being business i produced a documentary to promote the cause of community

toiftsz entrepreneurs and that film generated hundreds of thousands of viewers i was privileged to be honored by the nonprofit of the b corporations with the 2014 b korea champion award this was my cause that the members of the communities are advocating for today i'm the cfo of the company it the h bs or organization is protesting i joined kitten and ace i was given an opportunity to build a community business in our short life we've invested in the communities and this will not change today and this will not change tomorrow it is a privilege to be part of this conversation we know that is an important one we do not take it lightly we're approaching that this the respect and we as a

corporation corporation are ambitious we share the same values the laws are clear by your definition of the law kitten ace with in compliance if the law dedicates right and wrong we're right by your definition kitten and aced was not formula retail we followed our rules whether or not today you want to change the law we respect the process and respect this conversation my diver to was founded on principles of due process we would like to be part of hayes community i'd like to invite jason to speak on the legal matters. >> good evening carr here on behalf of the appellant our legal arguments are and so forth

from the brief so we respect request the board of appeals uphold the zoning administrator determination didn't qualify the formula retail with the building permits on hayes street were issued bids planning commission on april 8th let's be clear that's the relevant date the planning code establishes a bright line for what is or not formula retail use that line was drawn by the elective branch in 2347 after multiple hearings of 16 months the planning code is now clear that only locations that are in operation or local land use or permit sdwiements are approved counts the thresholds of 11 locations now worldwide examples of local land use entitlements and permit stimulates are conditional use

authorization and building permits for the tenant improvements that's the case here as explained by the planning department and various staff reports regarding then pending 2014 formula retail legislation and an entitled or permitted location is one that has been approved by a local jurisdiction the prototype establishment would have invested of time time and money in operations and further entitlements and permits are public record and can be individually look at pursuant to the sworn declaration that is independently verified kitten only has 7 locations at the time of the permits issued for hayes that includes the trailer so that's a conservative number and in addition a building permit for one other location the total is 8 well under the 11

threshold the current planning code is clear that mere job postings and marketing and stayed goals are not relevant to the test of whether and when a business becomes a formula retail use kitten ace didn't qualify when the permits were issues for hayes street so the zoning administrator determination is supported by the planning code and should be upheld by the board of appeals thank you for your time and the variance kitten representatives if you have any questions. >> i have a question. >> on april 8th how many leases were secured by kitten i didn't see. >> i'll answer that question but i'll emphasis that is not what the planning code relies open it is over the 11 will threshold. >> were you planning to use

that those leases for storage. >> i doubt it kitty but in 2014 the planning code was revised to clarify we do not count that instead it should be relied on the stores in operation for which an entitlement or permit. >> and the other question is since san francisco is the the place that people want to be and people with large companies plan to be here why wasn't the conditional use looked at prior to since this was questionable. >> so there's no discretionary review authorization component to that. >> okay. okay thank you. >> i have a question as well understanding that april 8th is the relevant date you said there were 8 locations and .

>> so 7 locations and including the trailer which is just for marketing purchased we wanted to be conservative and additional leases but as relevant - and okay. >> in addition they had one building permit for a location not opened. >> okay. >> so that's 8. >> just users arbitrary has h that number changed since april 8th. >> yes. >> there's no dousht that kit new wants to succeed we believe the question before the board is whether or not the zoning administrator errored or used his discretion. >> understand. >> we'll hear if the zoning administrator. >> so it is leaked wven the

hayes valley rezoning within the rezoning they're prohibited no process that allows legalization of this use if it were determined to be a formula retail use the subject permit building application there are 4 i've requested a revocation in february and january of this year those were approved an april 8th and the contradiction began and i was informed by h n a i was informed of a company killing kitten i was not familiar i did research on the website found information that appeared to indicate there they would be a formula retail use as defined under our permit requirement as state of mind e

statistics the code was classifying the trigger what you count for the 11 stores and that is the local ludicrously approval prior to that as the result of the decision of this board i had implemented an interpretation that triggered it based on leases but that was rescinded and moved because of the code change in 2014 which retrirptd address clarified those the information i found was not evidences of operation of 11 or more stores but the fact they were hiring for appeared to be 11 or more stores bans the information the cities are more than a dos dozen locations my thought process if their hiring they must have stores to put those workers in and that you'll only get that

for a land use approval i responded and responded swiveling because of the fact that the use would be prohibited within the district no path to legalize if it was a formula retail use i appreciate h race this with a passionate protector the neighborhood and bringing it to our attention substantially it was appealed by kitten to this board during the process they provided materials and i did have communications they provided to me evidence which in my mind established that at a time the permit was issued in early april not a formula retail use and didn't have land use approval or have an operation leveling or more stores anywhere in the world that's another

chapping since this was last before this board when you heard made a decision on its case we count international now we do with that information they withdrew their appeal and i issued this resending of the revocation request now appealed to you i appreciate the research that h b and a do we did the research and i had our staff contacted various municipalities to try to find if there was in fact incredible and we couldn't find errors in the materials all indicated that at the date the permit was ordinary they wouldn't have tailt it's a met the thresholds i didn't august with h b.a. there was a formula retail use been on the website 22 stores in operation not

including others locates they may have permits for they're clearly a formula retail use and their attorney said they have pirgsz early on to become a formula retail use but at the time the permits were issues they were not issued in error at the time they compiled with the planning codes substantial this use would not be allowed but at the time, they come plied with the planning code with that, i'm available to answer any questions. >> i think we have them. >> when you said the staff researched the municipalities you checked with everyone. >> i had them reach out to as many as they could some were not responsive to our letters and

phone calls but i did not find anything and it would be reinforced by the materials by h b n a and the they've reached the threshold shortly after the permits but i haven't seen any information they've exceeded threshold. >> i'm surprised you took the action based on what h b and n gave you and didn't reach out to the permit holder. >> well, certainly you know, i did rock, ray react but felt there was credible evidences and they can appeal and show the evidence the burden is on the permit holders to demonstrate

they're not formula retail and i thought that was enough information to put that burden on the permit holder to demonstrate this it is certainly not a perfect process and not the first resend something i've done. >> not the perfect process today (laughter). >> but you know certainly could have played out in different ways by there was the way of due process i understand. >> that was mainly because of the decided by this board correct. >> there were many decisions so you get to clarify a question of at least whether there's a permit entitlements hopefully, the jurisdiction has an online permitted information or go to the municipality or someone that is responsible or responsive to give us that information but the

leasing information is impossible to verify so if someone has no leases we can't verify that that is one of the reasons will we'll support the changes made. >> the second question what's the percentage of people that didn't respond that when you sent out the verification letters. >> well staff contacted them by phone maybe half more than half but what i had them focus on those that had listed the job announcements prior to our the issuance of the permit so we looked at preliminary focused o those with job announcements prior to april 8 and there was - we didn't have information that came back we had enough to say there is no way they could have

been formula retail. >> that's my second question what was the response regarding hiring for places they don't have. >> i'll let them address that that is how they like to find out what is going on. >> sure let me give you a job we don't have. >> they'll hire a store manager and found hot locations but i'll let the project sponsor talk about that. >> and just in case that's not clear the relevant date is april 8th correct. >> the four permits the two permits that were issued an april 8th and two issued later in the month those were signed the april 8th were the demo to establish the retail use. >> just a technical

clarification when you say issue that's when we pulled the permit. >> that was correct the department of building inspection pulled the permit. >> it doesn't apply to the permit. >> it would have been a number of days but initially filed in january and february. >> thank you soak 0 inspector duffy has indicated no questions so we'll take public comment before we begin public comment i want to make clear officers and board members of the hazel neighborhood association are only lout to speak under the times by the parties but other members can speak under rebuttal so with that, in mind can i see a show of hands how many people intended to speak under public comment if you haven't filed

auto a speaking please do that before and after you do that and hand to us to reflect our name in the minutes and cocoa line up on the far side of the room to get to the public comment process faster than that would be helpful and who've want to speak first and commissioner president lazarus how many minutes. >> 3 minutes. >> whoever wants to speak please conforms. >> madam director do you want us to mention who they work for . >> employees of kitten ace should refrain from speaking during public comment so the board's rules ask for the representatives of a party speak on the times loaded to that party. >> thank you for that clarification if you want your comments to be considered item

evidences. >> good evening my name is perry i'm a very artist i was born and raised in the richard district of san francisco and recently have had a great experience that kitten ace that started with a pop up show in san francisco i got and then a.m. saying additional to have our art at our shop before i began they invited me over to a superer club dinner i met others artists and had a local chief come over and a great dinner and conversation and you know after that my art was installed in the marina store and i had a interview with them and kind of exposed on their

website photographerer from santa cruz that was a great experience i didn't have any major quote quiet retail store so interested in being an artist so on their behavior by pointing out out a formula retail that's the option of what necessary are they're interested in exploring the locals and communities around them and showing off what exists in san francisco. >> thank you. >> thank you. next speaker, please. >> . >> hello, i'm mr. sanders work as a author from and home in

hayes valley moved to the neighborhood in 2002 and returned from castro this is the hayes valley residents as neighbors that gridlock value the formula retail band wear grateful to voice our concerns regarding the neighborhood we're not here to define what local medians but here to see in kitten fits within san francisco's priority policies with the general plan and compliant with the hayes valley retail i believe not open any account will change those facts kitten ace is not locally owned j.j. willingly stated kitten ace not intended to be a small or medium sized business the founders referred to them a retail force in the gloriously

market and in ceo words within 5 years becoming a global planned brands and bringing in 40 millions in saddles by december 2016 that last finger comes if an article in the new york times but the author researched before they filed their proclamation therefore been their tension all along to immediately achieve a big formula retail and additionally, the employee count rorsz they're not a small or medium sized business they have more employees for the upper limit of medium sized i value hayes valley and when i settled here a sense of community fostered by small merchant and relationships kitten ace has

noted conducted in a way to respect the communities more fosters good relationships with the residents i respect ask the board of appeals react to prevent the openly of kitten ace or any where with else of the formula retail band. >> thank you. next speaker, please. >> hi, i'm cindy have a retail business in hails for the last 20 years and i'm here to talk about the pulse of the neighborhoods and i have regular conversations with neighbors that live in the neighborhood arrest people that come to shop in the neighborhood for many,

many years at this point and the reason they come for the uniqueness of the neighborhood they appreciate the non-retail formula chains in the neighborhood and up in arms about what is happening now we need to protect the small businesses that are already here that have worked so hard for so many years to make hayes valley what it is 20 years ago kitten ace wouldn't have wanted to be ♪ neighborhood people have work hard to make hayes valley what it is a community we know the neighbors and residents and we're a community all intervened and care about the neighborhood and we want to keep it small businesses that care for the neighborhood thank you very m h

much. >> thank you. next speaker, please hi, i'm stephen congressmen one of the partners of a retail store on hayes we've been there 13 years it is a wonderful neighborhood part of the neighborhoods for a very long time every part of that neighborhood brings something of value to the community there are will be two things the letters of law i can't speak to but asking can speak to the spirit of law and kitten and ace is not following the spirit of the law whether they meet the date i can't speak to that but the spirit of law indicates this is not a place and i'm a little bit surprised when the ceo spoke he said he's into supporting the businesses and doing business right one the reasons that not bringing formula retail spot

neighborhood rents will rise speculation has been rents they're paying a high number i don't know that for a fact but we heard twice of what we're paying now part of the challenge of bringing up this - the rules are we don't bring people that can basically knock the rest of us out the neighborhoods that's one piece the letter of the laws opens the door for any formula chain for any company that wants to open a chain they'll start in hayes valley it is a great place to start and you'll have less than 11 to part of this opening the door in 10 years we'll basically be the incubators for a lot of formula retail stores from my prospective this is not what the neighborhood needs in the spirit of what kitten ace

says they're about the neighborhood thank you. >> thank you. next speaker, please good evening. >> thank you. >> first, this is truly an honor to be included in this conversation in this great family i come from germany it is great to be part of the country and see the exclusiveness i want to raise two questions first is kitten ace formula retail and then the second one is more asking the board also what is the face and future fabric of hayes valley we're all envisioning i myself operate the store been there on hayes and a second location in hayes we employ 2 formulate and 2 part

time people everybody knows that it takes a tremendous amount of time for negotiating the lease and getting the permit and staffing and opening up today is the ends of august everybody agrees that takes 6 to 9 months that puts us into a timeframe of february like informative november of last year obviously it is to the board and also to decide how the law works we shouldn't fool ourselves kitten ace is definitely a formula retail and 25 proximity locations and planning another 80 locations at the end of the year so small business has 45 locates why i'm i repeating this this is important for the future fabric of hayes valley we're independent merchants we operate

more than 50 percent plus margins and have 20 percent that goes into rent and three percent that goes into stocking that leaves us about 4 to 10 margin the key of formula retail it is a errors of unidentified merchandise that increases the average forwards profit up to 20 and three percent that allows to pay much higher represents and power not not situation of kitten ace how do you see the street evolution and he think two great powers i want to remind we have been first one is a recent fillmore street we're basically, all individual merchants are disappearing and restaurants pushed to the side you feel if you're walking

through wloom details and not interesting the same will happen to hayes valley if we don't prevent it what is more for the decisions counted for 4 to 10 years when our leases need to get reviewed so you look at the street that be basically like grant or are not interesting and not any more for the residents thank you for your time and consideration. >> do you would you care to state your name. >> christopher's. >> thank you. next speaker, please. >> hi, everyone i'm tracey brown the owner of a business in hayes valley the is that a there is so much brought up i can reiterate the press information that was put out by

kitten and ace wanting to be this global force is not what hayes valley is i've only about in operation for two years i can talk about the clients that come to my establishment how cute and acquaint the businesses and restaurants and i also want to say that having the value of being local is something that every business should have life i didn't see have opened up stores for people to be involved if the design of their jeans but my background before i the this work i actually was have a background in community planning i run a noted been here for 15 years one the values of community issues talk to the community about it i talk to the merchant and even when they had the opportunity they knew they were doing to

meet the letter of the law not if the intent not an approach to you know the committee for hayes valley neighborhood association with the business group i happen to be involved if the merchant my partner my spouse will tell you i wanted to open as a nonprofit but it just seems i don't know what i'm saying if you want to be local and want to be part of the community you'll actually speak to the continent that you're coming to thank you. >> thank you. next speaker, please. >> my name is lauren i'm a merchant on hayes street been a merchant for 13 years one location i don't have aspiration to be a global force what drew me to hayes valley was the

fabric of the neighborhood and the if a, it was local merchants but i think the important thing is intention and you know the first intention what was the intention of the code that was written i happen to been part of writing that back about 13 years ago when starbuck's want to come into hayes valley they demurred over after the neighborhood raised quite a fuzz of us and said we respect what the wishes of the neighborhood and not going to open up in hayes valley but through that a number of merchants and local residents got together and we wrote what become the formula retail legislation that is now not only citywide on certain

levels but you know, i think has taken hold donation widely and san francisco leading the way so the intention was to keep the neighborhood unique and primary, you know, locals independent merchants the intention of kitten ace they want to be a global force at the moment that they applied for the permits you know the letter of the law and what was other than the table was within compliance it sounds like but the question at that moment by clearly it is of the their intentions is not no keeping with the intention of this legislation was which is to keep the neighborhood independent and local and unique and something

that you know is not replicated on every shopping street ♪ country so i again you know there's no question about let's say their ideas of supporting local artists and being a good employer so it starbuck's i know you can't august they're a well run company that treats their employees right but not the kind of business now more is kitten ace is wanted and welcome and has the right to be in hayes vall valley. >> sir, if i care to fill out a speaking. >> fill out a speaking okay. >> thank you.

>> thank you. next speaker, please. >> hello my name is carr rein in hayes valley since 2003 my business partner and i first wanted to open a shop in hayes valley we looked at the neighborhood like fillmore and chestnut street when you first came to hayes valley it was unique and vibrant we couldn't see opening a store anywhere else how 12 years later our hayes valley is diverse and attacking people if all over the country and world that's due to the hard work of every small business owners to making the place unique so allowing the chain store in hayes will leave the neighborhood in a path of no

return when other chain stores follow ace our neighborhood will change and people that like coming here will stop coming to hayes when necessary, easily shop for the same stuff added other places i ask the board to reiterate the business concerns if we allow the chain stereo that is traditional a chain store is a chain store what will be the future of hayes valley be thank you very much >> thank you. next speaker, please. >> hi, i'm jim i've also in hayes valley over 12 years now and the commercial district and the character of the merchant that is what attracted me to a neighborhood it is truly a wonderful and

unique place that the merchants banned together to author with the city the chain store legislation it speaks to how important it is to our community it is important to note as one of the speakers said you know when you try to come into a neighborhood and be a good neighbor and reach out the community you think what reaching out to a community like the hayes valley association would be something that one might do neither of the organizations was contacted so this is questionable point also discussed today you know is this the letter or the incidetef law we think that is the letter of law you don't hire people for

locations you don't sign leases for all the characteristics of the store in terms of signage, merchandise and commonality. >> speak to this is a chain all their public statements including we're a non-traditional formula retail i don't care if you're non-traditional if you're a formula retail you're a formula retail in addition to looking at the letter of law look at the 81 intent there are other areas for kitten ace to relocate they have one no more unity street and union square a number of places that don't have the prohibitions they'll be welcome it is a

special character of hayes valley we're con intending be is being violated and a sneaky backdoor industry to get in before they reach their threshold and exceed it all of those reasons we ask your consideration and hope you'll be revoking their permits thank you very much. >> thank you. next speaker, please. >> my name is pamela born and raised in the richard district a local artist never by a preponderance from a corporate retailer i want to ask do any of the local retailers have an ad in the september issue of w magazine the answer no a very,

very professionalable space in the periodical i can work and live in hayes valley for a small business i'm not the owner but serve and work with everyone here you know, i see them on a daily business and respect their hard work both the businesses i see them daily to insure their customers everything or everything is going well, they don't have the money of a big, big business you know san francisco is a home to many i just do think they have the right formal for the neighborhood they've aided under hypocrisy they started off

newcomerly, however, their intention is clearly over all our eyes it is a sweet neighborhood and a small space left in the city where local artists can do our thing and see each other across the street and wave hi the worse that it can be this is the one thing it keeps your city unique and pure and true i'm passionate i don't think that is correct or right we'll be giving up our rights to give up what we have left to the corporate beast it is ridiculous to say, however, let's work with other okay thank you for your

time. >> thank you. next speaker, please. >> my name is nicole bald i've worked in hayes valley for 11 years and been a business owner for 5 small community is such an important part of san francisco and as p k said we're watching it i feel like hayes valley is one of the late standing neighborhoods where we you know we get to be a part of it and the community is visible the tourists the people from other parts of neighborhoods you know they appreciate our sense of community and be open to them and what makes us unique we're small and we all know each other and if we need something we ask our neighbor you know formula retail

protections have allowed businesses like my own to stay open and the fear of being pushed out by larger businesses my concern didn't lie in how local my neighbors are there is an amazing mix of people from all over the country but how small they are so my voice is he heard just as much as tailors you know i don't have to worry about my rents going up and my career as a business owner will last more the length of my whereas that's one of the biggest fears our lease goes up and we can't afford your rent the neighbors are paying ten times more we are on so many levels important to stay true to the formula retail so we can all

stay in business i don't doubt that kitten ace has the same values and he totally support the hulls of a business that wants to grow quickly i wish i had that hustle but my business is my one store alleys hazel is not the business for the hustle it is a multiple business across the city but absolutely not in hayes valley i don't doubt cushion they'll help to grow employment and neighborhood traffic but this is also a long term flare for small businesses i don't decide credit them put out those facts i just don't i

think their assets to the neighborhood that's all thank you. >> thank you. next speaker, please. >> hello i'm madeline i've already turned in my card i live there 25 years i opened open hayes street bra the freeway was torn down and been involved with the merchants for a long, long time and know the neighborhood association we're a small neighborhood and it seems disingenuousus the way that kitten ace came in and filed out their plan i understand there is a flaw and intention and that has innovate been honored i agree with jim who said we're not approached i'm on the committee for the neighborhood association and run

the arts coalition and never heard from anyone they want to have local artists i'm here to support if there is a chance to continue to be the hayes valley that we've green to love thank you. >> thank you. next speaker, please. >> hi i'm sorry bob anderson a resident of the hayes valley since 1988 i used to visit madeline i've seen the hayes valley grow in many ways when i first moved in my first day i was laying on the sidewalk we are or they were raiding the hotel from me it's changed i live on van ness an area that does allow whatever people want to put there i'm constantly

amazed of hayes valley with the uniqueness as an independent place to go i'm a bitten believer in slippery slope and it is how people approach those kinds of things i'll hope that is something that people think about tonight thank you. >> thank you. next speaker, please. >> hi there i'm ann i'm a triangle residents with my husband and a geographyer by training and i've been in san francisco about 2 and a half years we love to shop in hayes i hear everything that is said about formula retail in all the stores but as someone that enjoys shopping it strikes with

me when i here are hear the things you're getting the investment they're trying to make in the community and the psychomentioned the status and the things their recognizing that hayes is special and tracing to make a contribution perhaps the small one person businesses i go into the hayes valley shops i turn over the label i'm sure the restaurants are sourcing they're foods in san francisco i wonder as an environmentalist what the motivation to keep out a successful chain over the us is a mix of small rain water that make the neighborhood vibrant so i ask you to support the hayes valley neighborhood and make the

comments thank you. >> thank you. next speaker, please. >> hi, i'm teresa worked in hayes valley for about 8 years in two different locations it's my neighborhood i'm sad a company is coming in with an intent to be part of neighborhood they're not part of the neighborhood as everything else said we've work hard to make it we can our neighborhood and kind of band together and i just we've worked so hard and have a company come in like this and potentially hurt the small businesses with our lsd is trying to raise our rents a friend of mine her business is

closing down this month because the landlords is raising her rent she has to move her business in with mine to make it we're making room for her i'm really sad and hope you guys don't let this happen. >> is there any additional public comment. >> seeing none, before we start rebuttal i want to give an opportunity for the subject pertaining to speak if someone is representing that person in the room it didn't look like it we'll start with the appellant you have 3 minutes. >> here. >> hi names a gale i'm vice president of the hayes valley be neighborhood association and been listening to everybody i'd like to call out one point here

i'm rogers our opinion that this is a formula retail use for two to four months in the advance the approval date to fill 15 stores and continue to operate that's existing it part of the retailers planning i'm an experiences global textile and professional many years and i've done business with formula retails that were rapidly expanding the kitten ace have a strong mill relationships to meet the production minimums and global apparels to coordinate the multiple store opening to distributor that vicinity a semi. of simple plan to rapidly expand and the store count must include the locations

it is the behind the scenes global production planning utilizing it's store lined identified locations in each city and their scheduled openings must be confirmed in advance to meet the plans production must be planned and finances bans kitten ace their strategy of utilizing the already retail spaces vary in size and configuration allows to do you want to the architectural sites rapidly opening and eyeing that pink coloring with their hundred percent owned brand apparel counting the brick and mortar stores without the entitlements of opening in rapid subsequence is unacceptable it is an attempt to gain the system

that was meant to protect the district that bans formula retail it is clear already opened and entitled or permits approved with the already sdierltd definition of entitled stores kitten ace exceeded the count on april 8th. >> we'll take rebuttal from the permit holder. >> carolyn chase again base on here on behalf of the appellant if the board has any questions the zoning administrator will be happy to clarify i'd like to i'm

going to turn it over to ceo. >> thank you thank you, everybody for the feedback we appreciate it i know we're characterized by an ominous forceful of secrecy and mix up the fact we've never been anything about transparent about our ambition and quarry throwing around words like global force like it a bad thing if you have alignment towards being an international part of a community self speakers say they care about the neighborhood we wouldn't be standing here if we didn't care about the neighborhood and also the two rows of employees that are local

san franciscans we don't import staff we hire locally we also have a lot of merchant in the community that are supporters that have equal ambition so what is local it is so simplicity we consider ourselves embedding into the areas but kitten and is committed for more a significant commitment of the designs are create by the artists yes, we in the future can provide global exposure to those local artists by having shops around the world we have the online wall that future will create you've heard we have our super clubs catered by local chiefs and invest in our community every month

celebrating the local creation and in shop designers that can create a career for themselves and we have free wifi in the shops with sparkling water we have west portal we understand the dynamics of the city's rules and been transparent about our position the thing we're not a chain store in the traditional sense we've never considered ourselves as formula retail we're not the gap or staples we're local and committed to the community thank you. >> i have a question knowing you're the force you have and the planning you're going to do did you reach out to the local merchant association and work with them.

>> we speak with the hd n a and invited locals to super clubs many merchants two scared to speak with us because of those formula retail rules we understand that completely like i said our two rows of staff have been combedz themselves in the community. >> the second question i have when i met was that prior to schutt the lease or after. >> after we secured the lease. >> understanding you're the global force in that your business is doing and knowing that our local rex are restricted regarding formula retail is there a reason you explicit reach out to the community organizations prior. >> i don't think that there is a reason either way i think

there was a lot of local activity that did occur as you've heard from people today and it has no - so i don't have is a compelling answer to. >> thank you. >> you're welcome. >> mr. sanchez. >> thank you scott sanchez planning department just to two points first, we don't dispute that is a first right of refusal, however, at the time the preempts were issued and they were issued there was mother appeal on those permits at that time, it if meet our dpefgs of formula retail use and i appreciate the research they did but i wanted to get a clarification they stated in their rebuttal that based on exhibit a of their brief it states there were 7 locates in

operation in 2014 and then in early 2015 on april 8th permits for hayes and one in cincinnati that brings much of them up to 9 total in rapid succession they added stores and permits for dallas and also for columbus, ohio and it looks like their 12 store would have been the one located here what trigger the requirements on may 5th i don't see any minded when those permits were issued they were, in fact, formula retail we did the h n a and aware of the argument by kitten ace and trying to see make sure wear correct and make sure wear not

allowing some go that is a formula retail use at the time it was issued but now very clearly it is a formula retail use. >> i'm available to answer any questions. >> you're looking at me. >> does the law allow the z da to look at it the intent of the company in terms of a lot of the parties are speaking about the intent are you allowed to look at the intent whether a global force or small business or anything like that. >> the code doesn't provide discretion determining when the threshold is reached the code is pretty clear and not open to interpretation after the board had amended to last year the question of the president is always important but very difficult to regulate on the question of intent it is a brood

supreme and kitten ace i don't know from is day they were invented with the intention of being formula retail and have the means to do it that's one level of intent and the other level of intent someone president to open up a video store that's a bad example. >> a video club. >> laughter. >> but with the draechl having more establishment one start out a small business and eventually was a formula retail use which became starbuck's. >> which do we say someone has an intent sufficient enough to say you don't meet the threshold but have the intent to become that this is problematic to implement this permit was

reviewed by the department staff i didn't review it we have staff at the counter to be interpret the code i could have a lot of different interpretations of intent when you get to something that is skwush i didn't and cases i find maybe i suspected that someone is going to do it something beyond the scope of their permit but give them the benefit of the doubt and if they vital it we can't based on the gutted feelings. >> because i wasn't here when the board of supervisors revised the law was they discussion about intent. >> there was - the question came up in the kind of toll hold idea of you know are you going to go into a location that

doesn't allow formula retail and then become formula retail that was something we discussed but no way to prevent that to length or legislate out of it like jack spades and jack spade. >> that permit psa has done away and closed their retail stores and at the time that was argued their intent they didn't meet the formula retail but had intents to be a formula retail. >> they're in hawaii. >> are they still open i didn't see my locations. >> thank you. >> thank you. >> you mentioned the preempts were issued and obviously substantially rescinded them what was the length of times that lapsed. >> a little over a month maybe a month exactly they were issued

on april 8th and the application was dated may 8 yeah. >> those permits would have been subject to appeal at that time. >> gun 15 days of issuance thank you. >> commissioners the matter is submitted. >> well, i guess i'll start so as my fellow commissioners, this topic of preservation of small businesses and the uniqueness of our city is passionate to me i at one time was a small business owner in san francisco for 16 plus years until a formula retail company blockbuster hollywood they blow in rented a big space and blew out caused the rents to permanently go up

the question really is that little letter of the law spear spirit of the law both i believe that they're a formula retail although i respect the zoning administrator gridlock and the planning department i don't think that you can really adequately find all the permit that are available throughout the world and throughout the united states there is no way of tracking that you'll require the whole planning department to. i believe in the letter and in the spirit they are formula retail i think that there is a lot of poenz people like someone from the public mentioned early that would love to have this store and lots of locates that would like to have them agree a frequent visitor to hayes valley i love hayes valley it was quite the different place

and yes on the one side the track jc was quite an experience i remember getting my daughters first teddy bear at the teddy bear fisher it is no longer there they've process periods a wonderful place to see small businesses flourish and i'm sure the idea of their business is good and it sounds like it is nice but what happens is rent goes up and we've seen too many local residents leave because of the local community and the small businesses. >> i think this discussion

among the board members is different this time not only that particular case but 3 cases that this board heard the issue was looking at what was the law and what was the intent i think he do that in every instance i will move forward okay and is that better okay. >> when we dealt with those cases previously the legislation as crafted by the policymakers was not totally clear it was not as specific as now it has become i think that the latitude of this board had in

looking at intent is no longer there and therefore i find no way accept to accept the zoning administrator, what say you? determination and i schekd those numbers and it appears that at this point in time. >> at the same time commissioner how can you verify 8 or 9 stores the threshold is 11 how do you verify they're not extinguished. >> i'm incredible semiathletic to the neighborhood and absolutely appreciate their angst and frustration and the commissioner next to me find the

law is not as unclear as before clearly i wasn't there but looking at the statute and you know i'm going to have to go with commissioner fung on this one sorry commissioner. >> somebody should make a motion. >> i'm not that enamending. >> okay right i'll make a motion move to deny the appeal on the basis the zoning administrator did not error or make an admission in the recession of the revocation. >> okay. thank you we have a motion to deny the appeal and uphold the appeal on the basis of the zoning administrator did not error or abuse this is a

discretion commissioner fung commissioner vice president honda nay. >> and commissioner wilson with a vote of 3 to one that that motion carries and commissioner president lazarus there's no other business before the board. >> we're adjourned@púx

>> hello, my name is jamie harper. in this episode, we are featuring the park locations in your very own backyard. this is your chance to find your heart in san francisco with someone special. golden gate park's largest body of water is this lake, a popular spot for strolling and paddling around in boats, which can be rented. created in 1893, it was designed

foreboding and -- for boating. it is named for the wild strawberries that once flores. a pleasant trail follows the perimeter past huntington falls, 110 foot waterfall. two bridges connect the trail to the island. the climb to the hills summit, the highest point in golden gate park at more than four hundred feet. you can get quinces of the western side of the city through -- glimpes of the western side of city through a thick trees. the lake is ada accessible. it has a peaceful atmosphere where you can enjoy a warm day. walk along the lake and watched many ducks, and swans, and seagulls. it is a tranquil spot to stroll,

enjoy each other's company, and sail away. many couples come here to take a ride around the lake, floating under the bridges, past the pavilion and waterfall. for a quiet getaway, it makes for a memorable and magical experience. located on 19th avenue, this grove is the place to wear your hiking boots, bring your family, and bring the dog because it has so much to offer you and your loved ones. it is a truly hidden gem in the city. the part is rich with eucalyptus trees. long paths allow you to meander, perfect for dog walking in a wooded environment. >> i enjoy this base and the

history behind it. the diversity that exists in such an urban city, the concrete, the streets, cars, we have this oasis of a natural environment. it reminds us of what san francisco initially was. >> this is a section for dogs and plenty of parking. transit is available to get you there easily. and the part is ada -- park is ada accessible. there is also a natural lake. this is your chance to stroll and let the kids run free. it also has many birds to watch. it is the place to find some solitude from the city and appreciate what you share with a wonderful breath of fresh air.

, an experienced this park and enjoy the peoples, picnics, and sunshine. this is a lovely place to take a stroll with your loved one hand in hand. located in the middle of pacific heights on top of a hill, lafayette park offers a great square a of a peaceful beauty. large trees border greenery. it features tables and benches, a playground, restaurants, and tennis courts. there are plenty of areas for football, frisbee, and picnics. it is very much a couple's part and there are a multitude of experiences you can have together. bring your dog and watch the mean go with the community or just picnic at one of the many tables and enjoy all of the park has to offer. many couples find this is the perfect place to put down a

blanket and soak up the sun. it is a majestic place you can share with someone you cherish. it is located along the 1 and 10 buses and is accessed from the 47 and 90 buses. it is ada accessible. for more information about reserving one of these locations, call 831-5500. this number is best for special events, weddings, picnics, and the county fair building. for any athletic fields and neighborhood parks, 831-5510. you can also write us. or walking in and say hello at old lock cabin, golden gate park. and of course you can find more

information and reach us at sfrecpark.org. much. >> thank you thank you so much for your patience first of all, i know everyone is waiting partially i'm laura garcia the morning anchor with the bay area news from 4:30 to 7 before the today's show i betty bet most of you up ear here to talk about comcast and joined by special guests california regional president and as well as supervisor wiener from san francisco and executive director for san francisco sticking aging

and adult services as well aaron leo program manager of sf connected and camtc the director of network and the executive directors community living campaign and jerold board member yes, a big rounds ever applause for everyone taking their special time for oozing our special celebration we're collins avenue e kicking off the fifth year of internet an internet seekers is one of the low-cost broadband that is happening in the entire country as a journalist reporting from this community in the san francisco bay area we're 14 are 15 and a half years of getting up early in the middle of the night i've seen the role of extension the internet how to comes to play in our day to day

work i remember people used to get their news from the newspaper i know in the bay area although we're the technology center of the world's we have many that are not connected introduce the internet that is hard to minimum i'm also the mother the triplets 3 the babies yeah, that's something i celebrity every single day that's lucky a lot i consider myself lucky i binge bring that up their 6 years old and those kids with they're homework and how to connect the teachers to the medical officers and it shows the needs and evolution what their grouping with naturally my son can teach about google and whatnot it is hard to believe this so many not connected because mayor the cost

of service or the cost of devices you know get on the interjects or lack of training so they have some adult literacy training programs as well but i really 7, 8, 9 to highlight one individual that made such an important mission to insure that comcast does it part to incur the families not connected hard to believe to the power the forget it is my pleasure to introduce the president of the comcast corporation tom. >> (clapping). >> so thanks virtual laura for the record i was up roughly the same time you were and watched you this morning i check out our nbc faucets but thank you for joining us here this morning and it is great to be back in san

francisco to talk about the internet essentials over the past 4 years i've been here many times to talk about this program this is my third time with a laurie appreciate our continued dedication to this program so i'm delighted today to give you a status update and talk about a few exciting announcements to like the san francisco giants winning the world series title bay area i should be an honory citizen i'm a riechlt lifetime giants fan i inherited through any fathered that as a san francisco giants fan for the first time in the history of the program the state of california has edged out there under to be the number one state in the country for internet essential sign united parcel service (clapping.) so more than 70 thousand

families or more than 2 hazmat and 80 low income californians are connected to the internet as a result of internet essentials in the green bay area we have more 23 thousand families or $90,000 low income residents who have been connected introduce this program so congratulations to all of you who help to make that happen and if i can i'll not introduce everybody that was introduced but a special thanks to hanging who drives this program from the prospective of comcast and hanging perceptive to our leadership not only of that bringing but it is a pleasure to come out and see you today so thank you hanging and the team (clapping.) nationally in just four years we've connected more than 5

hundred thousand families within 2 hundred low income americans many for the first time in their lives that put prospective around that 2 million people is larger than the population of 96 of the hundred largest cities in america and in fact, the double the size of the entire population of city government and larger in an the population of 14 difference states in america we're clearly beginning to make an impact in closing the digital defied i've talked about 3 announcements i want to reference them first of all, we have begun doubted the internet serves so we started this program at 1 and a half meg to 3 to 5 and now to 10 and we're doing that at no additional charge to existing

and new customers of internet essentials second we also have announced that effective males we're providing a free wifi routerer to all internet essential customers you'll have the ability to assess your internet service at home (clapping.) there wifi. >> for existing customers all have to you do all the toll-free number we're send you a routerer and new customersblast will get the modem no charge for the routerer no mobile charging no contract a service charge if you need help there are a few things in life that are really free, free wifi as part of your service (clapping.) and so third and this is a

little bit complicated let me take a minute one of the goals to make it easy for people to sign up for the service most families that have children eligible for the lunch program is that we choose that we have to verify that eligibility and that's a bit of a cumbersome so a while going ago we constituted a rule if your child gos to a school where 80 percent of the kids are eligible to participate in a low income we'll say they're eligible for our program last year, we reduced it to 70 percent so if you're at a city hall 80 percent of the kids are eligible for the free lunch program your eligible for the

essentially of not eligible for the lunch program we've lowered it to 50 percent 20 thousand schools in the comcast footprint in this country where ever we can student in that school a eligible to participated in the program regardless of them themselves are eligible for that the national school almost program instead of a clumsy third party verification all you have to do is proof give us a copy of a report card a class schedule a letter from the principle inviting you back to school we'll take anything that says you go to that school we'll count that as a qualification for eligibility under the program so that's this is all part of commitment to maintain the momentum and a continue to sign

people up i'm proud personally and everyone in the company this would not have happened without the support of literally thousands of nonprofits governmental, library, faith based on community partners who have joined arm and arm with us to make that program such a success one the commitments to our partners has been we want their input both this program what is working not working, how do we make it better and easier once 24 program got traction the number one thing a everywhere heard from the nonprofit partners would you be willing to expand the eligibility of the program beyond the families with school age children for those you have by way of thank you to all the consumers of this center for joining us today but those who wonder why we're standing in

a senior center to talk about a program connecting children and low income families with school aged children to the internet our patience is about to the awarded the number one population is whether we consider expanding the guilty to low income seniors that is a complicate population what we've decided to do and what we've decided to side launch a handful of programs to standing extends those to a low income population and the city of san francisco is one of the pilots that's what we're announcing today (clapping.) over the last decade senior citizens or low income have

adapted broadband at a particular low rate carbon dioxide to research only thirty thousand seniors have broadband assess at home 82 percent of seniors with incomes above 70 thousand there's is where in the wooektd but have access to the internet at home 60 percentage point digital divides we're step up to the plate that to low income senior citizens i'll remind everyone all around the cry that is still to the a complete understanding the number one barrier to broadband option is not the cost of the internet service it is not even the cost of the equipment or the lack of the equipment those are factors but

the number one barrier to broadband adaptation is a bufshlth of digital literary and relevancy people without the internet don't understand the importance or or relevant they are afraid of it don't know how to use a computer those issues are acute among senior citizens other pew research concluded 18 percent of seniors surveyed will feel comfortable using the internet on their own while 77 perris said they'll need anyone's hope to assess the internet so what we know from your 4 years of experience is that having a press conference and issuing a press release and making high-speed available is not going to close the digital divide among the seniors we need

to create a digital training program which we're going to side in in conjunction with a new web of nonprofit partners and governmental partners so your model quite frankly is in san francisco question partnered about self-help for the elderly to ether training close for seniors that work together in our comcast workers program in florida the other pilot program we've announced for a lot of seniors in palm beach there are a lot of low income seniors in the county we had a meeting with the faucets i recently met with the president of that local urban league and with a number of seniors that participated in a digital literacy training program we put together with that urban league the

president's said teaching the seniors to use the internet is like teaching a new language in twauk the seniors i learned something in a powerful way through providing digital literacy training and computer assess and computers to those seniors we've opened a new window in your world and enabled them to connect to their friends and service provides and families in. >> way they never imagined would be possible and it is it's different than children who quite frankly know the internet better than their parents do and understand the power of the intersected in low income senior population is a population that we are literally opening a new visit to the number one issue to elderly is isolation of seniors our ability

to use the internet to reduce that isolation and maintain connectivity it going to do more in my view to impact the quality of life for low income seniors citizens then imagine we can provide as a solution to the problems of seminar isolation so because i do work for a video company we have produced a short video staring some of our local partners in palm beach county i'd like to show you to get a first hand sense from the seniors about the power of the internet for a low income senior

population. >> keyword. >> come on. >> for seniors to have access to the internet is essential without that their left behind and this community in west florida many people are haitian and jamaicans it costs them nothing you are to have internet. >> i use my digital connect for friends and families and i have a friend in jamaica i think it is great you, you hear about the internet because most computation is done by internet now i remember when i used to write letters or send cards we don't do that anywhere. >> when it comes to seniors and the internet there their r all afraid like a giant monster it is really not. >> i'm leon to go on the internet i was totally grntd i'm

learning to lose the fair market price i'll get all around to use it if i had the internet i could side lots of things to keep me win my home and even pay my bills and lots of things if i had the internet that is more than i ever thought it means so much to me. >> it changes everyone not just seniors and kids it can change all lives comcast brings that is where he can't two their home at a minimal cost it is about chief financial officer their lives.

>> so (clapping.) i have to tell you talking to this group of seniors po who literally 6 months before i met them never touched a computer and have hearing what we were doing with the computer and with internet service in their homes as impactful a personal experience as any thoughts incredible experiences i've had talking to parents and their children about access to the internet one of the greatest enemies i was talking to the structure how are those women doing he said mr. cohen they're doing great in fact i've asking them to be trainers for any neck

class of seniors and the look the smile on those women's faces the happiness and the realization they actually had progressed far enough they'll be able to teach their friends and colleagues how to use is internet was priceless this is part you talk about an unintended consequence of digital literacy training the sense ever work those women could help to bring the same opening of the world to their friends and anothers in the community that had been brought to them was amazing we're incredibly excited to work with our friends and partners in san francisco on this pilot i want to thank all the elected officials your nonprofit partners especially want to thank the mayor katie and please appreciated our being here your

acting in ac an acting mayor capacity the mayor and i have known each other for a long time we choose san francisco because of the marries dedication to closing the digital divide one of the few marries in the country focusing on the low income seniors working with the mayor and supervisors, with the department of angling and the robust nonprofits that focus on the senior community i have no dough san francisco will be the ultimate pilot project for us it will show how we can make that work and better and how we can role it out to the rest of the country over time so thank you all thanks for joining us i looked forward as i threaten i'll look forward to reporting

on the success of this program the bay area is a spectacular place to roll out the program and many more years of success thank you. >> (clapping) >> thank you. >> thank you, mr. coning i think we've heard that before what happens in san francisco so goes the rest of the country so today, we're joined by that and leader of the beautiful city and county of san francisco david mention her worked on a number of issues for this quality of life please please join me in welcoming district 4 supervisor katie tang. >> thank you, thank you very much everyone and of course i want to on behalf of mayor ed lee that couldn't be here he would have loved to thank comcast in rolling out our second pilot not united states in san francisco but i know sitting at the table many of the

nonprofit leaders and community leaders as well ann he's son her phone the department of the aging and adult services and self-help for the elderly they've been trying to allow companies to be able to come in and better serve our senior community and the populations that do not have access to internet so i know how important that is having growing up in a household where my family gjtd to america i went yesterday to my parents' house my fabricates showed me a game he download i can't believe that all the things the wealth of the information and the services available for the seniors and how important that all of us learn again, i want to thank

comcast and you've bench working hard and we can close the digital divide.

>> (speaking foreign language.) >> thank you. >> (clapping). >> thank you acting supervisor tang for being us to mark that special occasion i'm delighted to announce the supervisor that advocates for the seniors on behalf of providing did digital literacy to seniors supervisor christensen (clapping.) hi julie overwhelm to put you to work. >> (speaking foreign language.) >> good morning. >> (speaking foreign language.) >> good morning. i'm happy to be at lady shaw's and thank you, annie for hosting us here today, i'm very happy to see the former

assembly me that man david chiu good morning david it was when david was supervisor i first became familiar with some of the programs to open up technology to the seniors i'm glad to have him here and welcome to the acting mayor and supervisor wiener. >> (speaking foreign language.) >> and a special thanks this morning to comcast for making those programs and service available to our seniors and city hall the government can't

do it all i'm very, very graph to comcast the last time i did an announcement like this we were standing in a school yard with young children i'm happy to be here at lady shaw with the seniors i love everyone in district 3 but a special spot for the seniors so i'm grateful to comcast for making those services available those to members of our community. >> (speaking foreign language.) >> so thanks too to the community technology network and to the community living campaign and to self-help thank you to ann and our folks at the aging and adult services it takes a

lot of people that make a program available to the community so we know we rely on the nonprofits for help and grateful to them in this case. >> (speaking foreign language.) >> i know when we built the new north beach library we were asking people what accident we want to the new library one the new things more computers and we went from 3 to 15 computers in the new north beach library every time i go in i see somebody sitting at every single one i'm anxious for the san francisco retirement board to be able to take advantage of this

tool to community communicate and explore. >> (speaking foreign language.)>> >> soy know we have our smoke deterrents snuffed at lady shaw and the city has lines to make our sidewalks save and better internet it is a great times forelady shaw thank you to comcast

(clapping.) >> (speaking foreign language.) >> (clapping.) thank you very much supervisor christensen now our next guest represented district 3 serving as the first asian president from patterns he understands the importance of incurring all communities with the resources they need my sincere pleasure to introduce pro tem for the assembly david chiu.

>> (clapping.) >> (speaking foreign language.) >> good morning it's great to be back i am usually in sacramento if the middle of the week fortunately, i didn't have committee and this was such an important announcement we or are center the technology and innovation san francisco has been leading 21st century economy but we know we have a real visible divide we know if you're a senior less likely to be on the internet and low income less likely a chinese or latino guilt less likely to be online and it is obvious if you're a chinese senior who is of fixed income less likely to on the internet.

>> and thank you to comcast acting mayor skaing i've been trying for years to get my parents on and twenty-four hours my father sent a facebook request to my district director and my mother texted me the second time if her life she's received a consumer scam to me that's a really, really big step what comcast in partnership with the city and project sponsor with lady shaw about change how the seniors that able to joy their lives and get for health care information and connect with our children and grandchildren to find a cheaper place to invest our friends and visit your friends in china and hong kong those are some of the benefits i'm delighted to work

with great barns go solar to be here with my succession and supervisor wiener and supervisor christensen like all of us we're a thousand percent dedicated to making sure we have a hundred percent hundred percent of our san franciscans who get online i'll close with one last thing i'll give all my e-mail address once our o'ly want to here how the guidance will win their next world series and want to be connected here with you david dot chiu and thank you comcast we look forward to hearing from you. >> all right. it is time to fill up his e-mail address 24 project will take place in the

bayview to thank you to comcast great to see a great program i know someone that is extremely proud to be part of the internet the champion of low income seniors and families you name it in the bay area since 1981, in fact, annie has managed self-help for the elderly a vital program for the range of serves for over 35 thousand seniors in the bay area that excludes heartache and education social, recreation programs and even serving meals over 15 hundred bay area seniors what a pleasure annie the president and ceo of self-help for the elderly. >> thank you (clapping.) thank you so much laura and welcome to the lady shaw and the

self-help for the elderly center center in june scott adams tenant the graduation this is the new program the sf ran for the parts 9 years and every year we train 14 will 15 to 21 and teach them computer skills and internet skills but more important community skills and leadership scott was in my year annie your dream of standing the internet may come true i can't say too much by wait for my good news. >> i'm sorry david but, yeah really within don't short months upcoming here comes lorraine calling us to prepare for to announcement she's been working

day and night thank you, laura i can't and scott for being ore partners for the last 10 years the program was not only wonderful to the children but every graduation the parents of those kids would walk up to scott and me and that is correct us from the daughter to the young 15-year-old that didn't touch the computer because their recent immigrants but they bloom and mature scott and a were amazed at the videos at the past graduation when scott present the computer the laptop you know and all united states wonderful gifts to the kids it almost seemed to send them off with such a wonderful career boosters so on behalf of the digital

connectioners and on behalf of the communities thank you to comcast thank you to scott and lauren in a. (clapping.) >> i was tauths many, many years ago by a wise member that if you have a dream and you want your dream to come true share that with as many people as you can while launder in a taught the families with the school children and lunch program children we were happy to do that every time i have a chance i say lauren in a what about the seniors i think i'm going a thank aaron and polio that left hand to the knew so we have been talking about how to get the last 20, 30 thousand low income seniors contending to this

internet and get information an heartache and go to dmv for appointment and look at the customer kind of reports but more important to connect with their families and friends that makes a different to the quality of life i think david everything starts and begins in san francisco so you choose the right city to have our pilot i'm almost certain that with anything that the community agencies partner with comcast that will not only meet our expectation but steady exceed that i hope you'll not put the cap an whatever number you have (laughter). >> no cap so 40 thousand seniors with the program you'll welcome them with open arms so thank you david for a wonderful staff and thank you to all of our seniors they've been supporting the sf connected

classes we started out center about 15 years ago and the secretary of chamber of commerce felt the challenges of a nonenglish and gnlt seniors learning the internet but gordon and emily students to learn almost thing you know that is relevant to making his life and now coming back to teach the class as a volunteer and he lives in the east bay (clapping.) so i want to thank jarpd jordan's and teach the seniors they have the by itself students they care, they really learn and listen and david we have patience so we know that we waited for a long time but finally our dreams

are coming true thanks gun for again for the 999 is like a gift i know that our senior population will really embrace it thanks again. >> (speaking foreign language.) >>

(clapping.) okay. >> so my job is ask one of the consumers it speak directly to you ms. tracey lee so tracey will speak in english a immigrant from vietnam and coming to learn about the internet and computer classes. >> good morning, everybody. >> (speaking foreign language.) >> i have been attending computer classes this center for more than two years i've learned how to get on the internet for to meanwhile to connect with any

friends and family and learned how to get on the internet to catch a movie and crochet pattern for knitting and he almost do anything that i want to do on the internet i want to have the internet at home to get on the internet at my convenience but right now not connected with the internet at home i'm thankful in cardiac arrest can over the low-cost not only to the san francisco retirement board but i sdashthd like me future (clapping.) thank you so much for that sharing your story don't start shopping on the internet that gets you in trouble then a beg bill and annie you keep giving us those dreams they

keep on coming true it is so exist to be part of the internet essentials programs to seniors and the pilot program take place in our belook forward san francisco connecting low income seniors to the power of the sgrekt into our homes to get everyone on line it is important and vital we thank comcast for playing such a major role thank you for being here it was simple a pleasure being here >> here we are at the embarcadero. we are standing at one of locations for the street

artists. can you tell me about this particular location, the program? >> this location is very significant. this was the very first and only location granted by the board of supervisors for the street artist when the program began in 1972. how does a person become a street artist? there are two major tenants. you must make the work yourself and you must sell the work yourself. a street artist, the license, then submitting the work to a committee of artists. this committee actually watches them make the work in front of them so that we can verify that it is all their own work. >> what happened during the holiday to make this an exciting location? >> this would be a magic time of

year. you would probably see this place is jammed with street artists. as the no, there is a lottery held at 6 in the morning. that is how sought after the spaces are. you might get as many as 150 street artists to show up for 50 spaces. >> what other areas can a licensed street artist go to? >> they can go to the fisherman's wharf area. they can go in and around union square. we have space is now up in the castro, in fact. >> how many are there? >> we have about 420. >> are they here all year round? >> out of the 420, i know 150 to sell all year round. i mean like five-seven days a week. >> are they making their living of of this? >> this is their sole source of

income for many. >> how long have you been with this program. how much has it changed? >> i have been with the program since it began 37 and a half years ago but i have seen changes in the trend. fashion comes and goes. >> i think that you can still find plenty of titis perhaps. >> this is because the 60's is retro for a lot of people. i have seen that come back, yes. >> people still think of this city as the birth of that movement. great, thank you for talking about the background of the program. i'm excited to go shopping. >> i would like you to meet two

street artists. this is linda and jeremy. >> night said to me to print them -- nice to meet you. >> can you talk to me about a variety of products that use cell? >> we have these lovely constructed platters. we make these wonderful powder bowls. they can have a lot of color. >> york also using your license. -- you are also using your license. >> this means that i can register with the city. this makes sure that our family participated in making all of these. >> this comes by licensed artists.

the person selling it is the person that made it. there is nothing better than the people that made it. >> i would like you to meet michael johnson. he has been in the program for over 8 years. >> nice to me you. what inspired your photography? >> i am inspired everything that i see. the greatest thing about being a photographer is being able to show other people what i see. i have mostly worked in cuba and work that i shot here in san francisco. >> what is it about being a street artist that you particularly like? >> i liked it to the first day that i did it. i like talking to mentum people. talking about art or anything

that comes to our minds. there is more visibility than i would see in any store front. this would cost us relatively very little. >> i am so happy to meet you. i wish you all of the best. >> you are the wonderful artist that makes these color coding. >> nice to me to. >> i have been a street artist since 1976. >> how did you decide to be a street artist? >> i was working on union square. on lunch hours, i would be there visiting the artist. it was interesting, exciting, and i have a creative streak in me. it ranges from t-shirts, jackets, hats.

what is the day of the life of a street artist? >> they have their 2536 in the morning. by the end of the day, the last people to pack the vehicle probably get on their own at 7:30 at night. >> nice to me to condemn the -- nice to meet you. >> it was a pleasure to share this with you. i hope that the bay area will descend upon the plaza and go through these arts and crafts and by some holiday gifts. >> that would be amazing. thank you so much for the hard work that you do.