parts of rdr for discussion briefly as the director's report because they didn't writer or require and hearing anothers residential review committee and they need to come to a full commission as sent to be able to have staff move the recommended conditions to the planning department and in a timely way i don't intend to discuss every single one of them unless a question and ask you make a motion on all of them together. >> great i'd like to entertain that motion now. >> move to approve. >> all right. a second. >> second. >> there is a motion and a second let's - any public

comment on the consent items not seeing any. >> okay commissioner lee commissioner joseph commissioner thomas commissioner perez and president tan that item passes and moving to item 7 discussion and possible action plantations for permits and other jurisdictions the entertainment commission we have 4 and our deputy director will introduce them. >> our first permitted applications for billboard for richmond republic on clemente responding republic a beer bar and restaurants with a pool table that's why they're here and the richmond station recommended approval with no conditions here to times square talk about the application is the owner. >> good evening, everyone i'm andy i'll one of the owners of the richmond republic we opened

our doors in 2014 and service a local craft bar we only serve beer and wine from the bay area food is local as well we have a ground floor and a little mesininmesinine. >> that seems to be straightforward in any commissions questions or comments. >> all right. have a seat public comment on richmond republic billboards license no let's take a vote.

>> commissioner lee commissioner joseph commissioner thomas commissioner perez did we had a - >> no motion. >> no. >> i motion to approve. >> second. >> (laughter). all righty the motion that didn't exist >> so the motion by commissioner lee and the second is - >> commissioner thomas commissioner lee commissioner joseph commissioner thomas commissioner perez and president tan. >> that motion carries good luck with that and hope to come by and play billboards next the fillmore heritage center. >> our second permitted this evening a place of entertainment for heritage center an 13 thirty fillmore in the space opted out by you don't she's with the focus events including live

performance and music concerts and also do comedies and used for parties and special events they've done community outreach some in the files are coming in a little bit later a couple of those are support letters from the office of economic workforce development as well as supervisor president london breed office the station recommends approval with the good neighbor policy and here to talk about is the owner of the place. >> president tan commissioner joseph congratulations again, i'm going to turn it over to lisa nor cognizant of the project than i am i building we've passed all our inspections

and requesting a grants rather than a continual grant other than lisa. >> is this timer going to starts i want to check and see off so you don't have the presentation but should be there. >> oh, there it is. >> whoops i proceeded i don't know how to make it go back with the mouse i'll explain what urban solution is for 2 two years urban solutions built more better neighbors one best at that time, in under served neighborhoods and phil the vasectomies we firmly believe that vacancies creates a vacant and create the better to be safe than sorry businesses to assess the capital and help them with the leases and provide technical support one of the things we do we help to activate merchant corridors and we have been active in the fillmore merchant corridor for over 20 years that

concludes my report. the merchants in the lower fillmore neighborhood helping them with the ramping and access to capital and putting on events and marketing and others aspects to bring feet on the streets to the lower fillmore we working closely with the /* mayor's office of housing and community development and as part of the work supporting the lower of him corridors we were asked to activate the former business folks in the neighborhood and machineries have been suffering by having a huge, huge space empty for so long and in fact, it was our understanding that when the building was built the fillmore heritage center the neighborhood and local residents will have access to the space and now the space is not being used as a entertainment venue it

is important we have the space open and qualified so were honoring the commitment to the neighborhoods and the residents and also our neighborhood merchants can benefit from having feet on the streets rather than scott wagner an enormous vacant storefront as part of project we put together a enormous program to benefit the neighborhood and the idea is that we will have the fillmore heritage center open and available for events maine for the communities to rent the space and it will be available through december 2016 when we first started the project back in january our original plan to activate 4 spaces therapy the art gallery, the screening room, the lobby which is basically the walkway tattoos parking garage and the cocktail lounge so we built how

plan on that and thought oh, people can have an event not art gallery a show or invite folks and have a film festival going on in the neighborhood but really become obvious people said if you're activating this we want to put on a show and designed for music go where is the music so coming from that we spent a lot of time trying to figure out how to have music and we have successfully had 3 music events had a salsa festival and concerto and had to keep on going to the teamster to pull a one-day license and finally jocelyn contacted us and

suggested we come and receive an apartment permits only activated until december but such desire to use it as intends that's why we're here for our place of entertainment grant. >> as you can see we have a website where folks in the neighborhood can see what we have available whoops how do i make it go to the next oh, whoops no, i can't say go backwards no going back i'm sorry not clear for i apologize one of the things we have a technically training call big tech for small buzz i could benefit we help the businesses with technologies and help to build their biz and what happens

after december 2016. >> the city will issue an rfp to get the building sold this is activating the building while in the process while the rfp process is there we don't want it sitting there by. >> and planning to hold how many more events there four months period. >> funny you should ask to events that we have people that have confirmed they're interested we have a report. >> we've had 13 events since we went active and officially the kickoff at the end of may may 27 a migration ceremony and hosts june 18th that was amazing and then it is gone on and folks interested in having business

presentations and town hall meeting a nonprofit that is using the restaurants area to have a symposium on fund-raising and the supervisor candidates meeting and poetry and talk shows and merchant bizarre as well as a halloween masquerade. >> i get it. >> does that answer your question. >> now it is available people are interested in it happen and as parts of grants agreement with the office of economic workforce development we're making live space available at low rays for the community and the rentals rate commissioner crews 6 security guards they include janitorial services, and includes staff time so it is all of our effort of marking the

space available and assessable to the community to have events and activate the space. >> so we have done considerable - did you have a question. >> yeah. he did you said the rental includes 6 security guards. >> is you're actually 6. >> it is depend on the space their renting for instance, for the theatre the occupancy is 4 hundred and 17 so we will as part of rental fee that will cover that of security guards will be covered as their rental fee and require people renting it to have more security. >> do you have people represent that simultaneously like the cocktail lounge and the theatre at the same time. >> nate's that's not happened we have people interested in

renter the screening room but all connected to the same events. >> therefore the occupancy went up to what. >> the screening room has an occupancy of 39 can i ask another question during the fence is alcohol served or a indicatorer. >> it depends on the event some events have alcohol it requires that the events host pull a abc license and then, of course, needs to have that with someone that is either the carter or the absent license. >> kibitzing. >> you want to keep ongoing with their presentation. >> sure we've spoken about the outreach and a considerable number of supporters people that have hosted events and looking forward to hosting more as you can see we have the support of

supervisor president london breed's and mayor's office of economic workforce development we've reached out the hoa the lower i fillmore are merchants association and individuals merchants and neighbors and the fillmore group has submitted their letters of support. >> so i love your line feed on the streets that is awesome that is great i guess my question to you is that it is a great says that a great neighborhood there's a lot of jazz and great music going on there why - do you have any idea why it didn't work before and how are you been - well have you a short timeframe if it workers or didn't work your timeframe is short. >> yeah. for this the purpose of this project so activated it with specific events where people are advertising them they're either public or private

events but their advertised it hard to support a 4 hundred space jazz jazz is a smaller intimate venue. >> that's a great answer. >> okay. thank you. >> commissioner lee. >> can you tell me how do you screen or use i mean a ton of nonprofits and a ton of different causes i'm curious how you go b.a. about you know wanting to know, you know who will be a great consumer for this evening will all your venues stop at midnight. >> my dad's says nothing good happens after midnight (laughter). >> her dad lived in.

>> now my son a becoming a teenager i'm sticking by that i know that is on tv. >> so the way we are screening is first for the most part the priority to folks the neighborhood that have neighborhood connections saying look we want to put something on life giving and viable for our neighborhoods for the most part folks inviting people that know people that automatically kind of changes the tone of the fence because of people that know each and everyone we require anyone having an events provide their permit application you have to put in a deposit and have to go through the process of getting additional events insurance and may the city and county of san francisco naming them an, an insured that kind of stops

people like if you're not going to do that how will you be organized to put on a events. >> your security plan we discussed a few meetings good i think this is the first security plan with an activate shutter plan we had a discussions a while back and seems cover is a good model for a lot of the night clubs in the city i'm impressed on the items owe commend you you don't need such a plan. >> you don't i hope not but thank the gentleman. >> we have a comment it is important that everyone the commission to i think something a security person looking at it it what if this happens if this

happens you know. >> well, i think this project is really debris know it were for 4 months i wish for 40 years using a great space and activating and allowing the communities members to use it is too important for nice venues their cost be prohibit active the fact for graduations and parties is a wonderful thing thank you very much for dead on arrival doing that. >> thank you. >> and teaching people to do events planning in a complicated city is great too i think those hosts december 2016 to continue on you know depend on what they decide to do with that afterwards there is a 0 role that you as urban solution can play and the community can play in making that venue thrive so

commission oh, i think supervisor president london breed's office here and take public comment. >> hello thanks for coming in and finally activating that space how long having you started >> good-bye welcome to the san francisco general hospital the presiding officer is commissioner honda and joined by commissioner fung and commissioner ann lazardus and commissioner bobbie wilson and commissioner swig to my left is thomas owen for legal advice he'll provide the board with any legal advice and at the controls gary the boards legal assistants sniemdz we're

joined by representatives from the city departments that have cases before this board. sitting at the table in the front is senior building inspector joe duffy dbi and next to corey the assistant zoning administrator representing the planning department and planning commission and next to them in the front right now is carli short the superintendant of urban forestry and chris buck with the san francisco 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 after you've been sworn in or affirmed raise your hand you're going to speak 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. great. thank you so we'll move to item one that the general public comment any public comment on an item not on tonight's calendars but within the board's jurisdiction that's what public comment is for seeing none, item 2 is commissioner questions or comments commissioners anything. >> okay. thank you

then item 3 the boards consideration of the minutes of august 10th. >> fellow commissioners additions, deletions, or changes we have a motion. >> thank you any public comment on item the minutes seeing none, then a motion from commissioner lazarus to adopt the minutes on that motion commissioner fung commissioner honda commissioner bobby wilson and commissioner swig thank you that motion carries with a vote of 5 to zero before i call the next item i want to find out find out if there is an translator here from bulls eye transactions services okay. well president i don't know well, we'll move on to the first item and see if she's here

before the next item the first item item 4 stephen gains versus the public works of unified on nordoff street to 95, llc of a tree removal permitted from a rear location to the front of the property the matter was continued to allow times for parties to discuss possible resolution and for commissioner wilson to participate in the vote when that was original heard commissioner swig moved but that motion was withdrawn and a motion to continue a night that commissioner swig will be present and i believe that commissioner bobby wilson you've had an opportunity to review the

video and materials that's right and commissioner honda ask the parties to address the reuben, julius & rose on a project as counsel. reuben, junius & rose representation as an entity before the board will not have an effect on my decision. this evening. >> okay i think we're going to straight to like it is it it normally and unless you. >> i want to speak to the permit holders counsel if they could come up so encourage this was a while back i watched the video again, this afternoon several months time any movement or with the appellants as well as the permit holder. >> we've not had discussions

with the appellants we didn't understand that to be the direction from the board but talked about it and the permit holder has given some consideration to alternatives if the board wants to talk about that. >> sure couyou have them elaborate. >> i'll have many speak. >> thank you, president and board members just i'm with nordoff, llc wanted to state a couple of things first of all, we're here because the permitted was to cut the tree down we heard loud and clear about the eco system regarding the tree so we work hard to save the tree not to harm but want to save the

tree and build housing at the site we introufd tree movers and numerous tree removals for those in the country we spared no expense we consulted with the staff of dpw and urban forest and they first were skeptical by the way, convinced that that was is on balance a good solution for the proposal. >> sorry not to interrupt you not to rehear the case. >> fine i want to say at the direction of the boards or neighbors we're willing to move the tree to another logically on the other hand, location to 23 or 99 or move to 89 we're completely flexible and looking for direction we'll put it in

the street on nordoff within the street realm we're prepared to work with everyone in good faith we're here to do that we've been building in town for a long time and want to work with the neighborhood and want is a project that works for everybody we're hoping that is reciprocated. >> may i ask question very simple question have any of the specialists or the ones you choose moved a tree like this of this variety of this size, of this scope within the city of san francisco or even the san francisco region ever in their lives. >> in the san francisco bay area yes. >> in an urban setting. >> i don't know the answer to that question but know that the

utmost confidence he's moved it for the white house and in san francisco. >> santa rose on a municipal railroad line. >> thank you. >> you're welcome. >> sure. >> okay. i don't know if you want to give time to the - >> since we gave a minute or two to the approving or disapproving would the appellant like to mention anything specifically my question has there been any forward progress in communication. >> thank you for taking a few minutes to hear us i was not prepared to speak i want to when

we met in may no communication or effort to talk about this alternative plan we came out forcefully it is not just about the tree itself but about the history of significant legislation that is out there that the precedence setting to the trees. >> again not. >> is there a reason you reached out at any time to the permit holder we had no reason to reach out and that's the question on both sides i'm trying to get. >> not the passage of it. >> thank you very much. >> and the departments any comment on this subject okay. >> so go ahead the commission has a question for the

department. >> any thoughts about alternative sites or is this the first hearing. >> we need to review it but reviewed the plan to remove initially i think probably not going to be a huge difference in the plan but, yeah. >> what about the movement into the streets. >> i'm not sure that is feasible certainly not in the current the streets current form it is just simply two large but if we do build mediums that will be a different process entirely and ms. short this process is way earlier the permit holder will have to the lot approval correct not a done deal if we

approve or disapprove. >> they need to get their permits from the planning department. >> thank you and i think since we've heard from the various parties any public comment on this matter since it is opened up. >> okay. >> seeing none, then commissioners back into deliberations and take it from that. >> may i have reinstate my original motion please. sure. >> (laughter). before we jump into the soup >> i was watching the video didn't see that much deliberations and wanted to hear more from my fellow commissioners. >> or may not.

>> i think the for me the key issue this is a. >> i got it. >> (laughter). >> you asked. >> you've heard me. >> i wanted to get a different. >> for me we ended up continuing the case my concerns for the health and of the tree again, i have to weigh that against the property owners rights as well the fact that he's welcoming the concern they're moving a tree closer to another property that person came and spoke with a concern in regards to that as well the reason i asked for both party to come up preferring having them have conversation during the 3 month period he

vvenl they didn't i wish the movement of tree would have been brought up i'm on the fence at this time. >> conflicted i'm still conflicted. >> make the motion then. >> i'd like to reinstate the same motion i made before you, read it since you have it in front of you. >> your motion to grant the appeal and deny the permitted i think we didn't get to the point as stated. >> it will change the character significantly change the character of the neighborhood and i think i'll leave it at that is that enough. >> okay. >> so the motion then by

commissioner swig to grant the appeal and deny the permitted on the basis that moving the tree will significantly change the character of the neighborhood commissioner fung no commissioner lazarus commissioner honda - >> without additional terms i'll say no. >> and commissioner wilson. >> no the vote is 2 in favor of the appeal and so that motion fails or any other motion the building permit is upheld by default seeing no other motion move on to the next item item 5 appeal peter versus the department of building inspection with planning department approval of the property at 350 ellis street

the issuance of a site permitted accessibility upgrades. >> ground floor and office and common area and lobby renovation and the elevator modernization and the envelope fixtures and lighting upgrades and site improvements and north and south facade improvements we have interpreter speak as you wish. >> i want to read my appeal on sales. >> when you speak to me - >> then use the interpreter. >> since i don't understand. >> you'll have 7 minutes to present our case to the board. >> why we do not want the

construction in the city for the construction built in 350 l there are a few parts first when companies do program rent and included building 350 ellis in this program and from the destroyed this building how the her building was - and this building 3 year was reconstructed now we are this building bring to you only valets of how it's building and you knew air cleaner system and

new fire alarm system and electric now they're building a lot more how fireman pours water on ceiling floor in 3 years was reconstruction and we ask you don't give permitted for construction don't give because this building in very good condition and this this does not be - but to people don't want that you give the permitted to this reconstruction please look at attachment four i give you it does two plans one for now it would new owners want to reconstruction and you can

see they want to grant all inside building they want to grant they build a lot of vaults and they want to grab that common area it is a special area for the people it is all built a common area when people can this wheelchair and walkers have their celebration meetings we ask you, please don't give this permitted it is discrimination in our people next what i want explain you

look at please front yard in this as you can see in front of yard we have now straight way from the enhance to the building to the elevators to the backyard and who would do you - >> stop you for a minute if you want it show it on the screen we'll see that better. >> there are now straight way with this. >> here is gate here is entrance it is a celebrated and this is backyard a what they want to do now so this. >> they want closed straight

away this and indeed a way long conducted for the people you must understand this venue is of mound not straight now where is origin horizontal and they want it the long way crooked way and of mound they won't give it is discrimination for the people. >> i want that you look at in backyard and you must know you must know for this crooked way they want broken 3 garden place and 3 stone fence they want broken front vault in the

building they want broken electrical room why never can understand this if we have now straight way and they to grab all inside of this building they want to grab all common area look in backyard backyard they want in right corner viability people can't the cars this vault walkers and wheelchair jump off grass and they want plants right side to us for viability to massing and they want to

build brand new building in this building they want build office and built new common area common area would they won't build is very small in that building must leave one and 50 people we have now 3 thousand square feet common area they built 3 thousand they can't understand hundreds of warehouses a lot of tables and piano why, why in this common area thirty percent people wheelchair this is discrimination disabled

people and you can now now old people and companies want they work at home they build new buildings. >> i'm sorry your time is up. >> if you want to finish that one thought. >> i want explain. >> you'll have 5 minute rebuttal. >> no, no you'll have time in rebuttal, sir. >> they did crowd in that building. >> sir. >> one second. >> sir, sir - >> one second please. they won't change the status of this building you must know they won't receive 10 apartments he 11 percent of apartment in this building they want to receive why instead building this status

for disabled people they must receive this. >> ma'am, explain to him, i will have another opportunity to speak and continue okay. >> you'll have another time. >> thank you and interpreter if you'll continue to interpret the rest of evening we'll we'll hear from the permit holder now. >> please whoever is speaking on behalf of the permit holder please step forward. >> board member my name is don falk i'm the ceo of the tenderloin corporation thank you for your time and effort to

adjudicate this i'm requesting for your support to expand and enhance the first floor social services space an alice street our conversation with the appellant this is really around the loss of parking let me begin with history tndc is the co-developer with the live community housing tndc knows something about this we own and operate 3 thousand housing and 3 thousand homes for seniors and people with disabilities we do a lot of work with the social community and thirty staff on the - 350 is ellis of 29 properties in the mayor's office of housing have orchestrated through the rental demonstration

program and their housing authority so all 29 are undergoing building district and the liveability of the properties so speaking of that mayor's office of housing and community development representatives mohcd are here to answer any questions you might have tndc has a lot of experience doing opted out renovations we've done 10 or 15 buildings and understand this is a very difficult process for everybody involved ellis 350 was constructed in 1970 and in need of major renovation the construction budget is something like that $27 million there's much wrong with the building it does meet accessibility standards not up to 88 code and the bike safety system are inadequate with

bedbugs and other things a history of deferred maintenance our scope of work includes new flooring and kitchen cabinets and life safety improvements and sprinkler safety and seismic work and improving the accessibility the scope that i described does not include the work on the ground floor so the ground floor uses which are right now totally inadequate include the front desk one office and a small laundry room the kitchen is node ada compliant there are 12 parking spaces and 9 for tenants of the 96 units altogether so what we are proposing to do on the ground floor is expand the laundry room, add space for

the property management as well as for the social workers staff separate the offices upgrade the front desk with better security and provide assessable and renovate the kitchen and separate the community room the architect is here and can articulate better or address any questions i think the big picture for us those improvements will make for a better place to live for 96 seniors and people with disabilities for generations to come. >> the building footprint is simply not big enough to accommodate the changed we're envisioning and proposing i want to add have been exhausted by the mayor's office of housing as well as building department not big enough to accommodate the

parking space parking and we've approached this with as much sensitivity and understanding as we can keeping in mind the welfare the seniors and people with disabilities that will be living there and i want to take a moment to introduce our partner deborah widow from fwlief communities housing to talk about how we work with the tenant thank you. >> hello, i'm deborah in glide partnering with tndc on this project i'm sorry we're here we like to work out issues at home and with the residents i'm sorry to be in front of i want you to know this process was an inclusive process met with the residents and heard the concerns sea envisions but regardless to something new there are concerns we're sensitive to the fact

people are losing that concludes my remarks that's a sense of belonging definition for them ever point of the way we try to stay connected and hear the concerns and handhold and be supportive a lot of the concerns were you really around the parking and in lui of the parking the space is really right now has a lot of space parking spaces not really community space the residents want to be able to barbecue and have community gathered we've heard that the architect came up with a sensitive design and talked with the residents about the option they're losing they're parking and gives the neighbors parking space facilities we'll pay for during construction could be 2 and a half years and offered them a lump sum for the

inconvenience of parking and others options free muni passes and paratransit uber or city car share other options delivery the prescription drugs delivered to their home and whatever support around losing the parking if this is an option they've chosen thank you. >> are you folks finished. >> you got about 20 seconds. >> (laughter). yeah. sorry i think that's the summary note we tried to handle this with as much sensitivity and meet with the residents monthly around gathering and the concerns and he moving to relocate we know we're staying close in trying to be sensitive to their issues >> okay.

>> i have several questions. >> the appellant has mentioned a number of things in his brief i'd like to understand your documentation references 97 units and upon completion of renovation you'll have 97 units nobody will be force bly moved; is that correct. >> that's correct. >> relocation is a part of the progress and number one so the rad program prohibits displacement per say and the plan for us to achieve enough vacancies we can move people within the building. >> for the appellants can you

flush out a little bit further the details of what outreach you use the general term residents but how about the appellant was there any need for transaction services. >> every time we've met we arranged i think early on we didn't but once we think understood we have a translator. >> can you speak into the mike. >> i won't say every single time but multiple times. >> met with him and so my staff has worked with him he wants a transfer and staff helped him facilitate applications for transfers of a unit and tried to see how we can resolve this before coming here and some of the things important to see if with - what

we could facilitate to make this for comfortable for him we're in a scenario not treating one resident different from the others but tried to address his concerns and a lot of it will be once as many of the services i told you listed you have to be willing to receive them we're willing to work with him and continue to work on issues that are important to him. >> your notices indicate that generically you can accommodate renovation without move out it states a number of times in the notices is that true or is that the appellant will most likely are to relocate. >> yes. >> go ahead. >> good evening dba relay

project manager tndc there will be temporary relocation required as we're doing the construction 2, 3, 46 phases 12 stories phase we do needs to clear out two stories at that time, and we'll accommodate that we'll be moving people in and around the building with a staff of 3 relocation specialists 10 or 12 relocations and this is our third rad program we're accustomed to that process this is no permanent relocation. >> you're not going to handle the renovation vertically you're not replacing our vertical infrastructure. >> forgives me construction is

not my expertise. >> my name is robert with the architect i the president to address some of the issues about the building the appellant released in general we're not replacing the vertical systems putting in a sprinkler system but the renovation will starts at the top and move down the building ending with a common area on the ground level but the idea the tenants will be relocated within the building. >> as an aside the sketch that the appellant computed in his brief we have exit problems in the ground floor. >> can i address. >> no, that's all right. deal with the building department. >> the building department's be signed off on all the exits i think the package is an

earlier package. >> one last question will be mr. falk mentioned that was primarily a parking issue on what basis you made that determination. >> so as deborah mentions we've met with the appellant numerous times with the help of the translator and the loss of his vehicle seems to be the our understanding the preliminary motivation why we're here today. >> what's is likely hoods of looking for other properties within the institutions that are represented here what's the likelihood he'll relocation with a parking space. >> i can have any chief

protocol officer speak to that she's been examining that issue. >> good evening. i'm cynthia the chief protocol officer at the tndc we've looked at across the protocol to see if there was a way to accommodate the request of the appellants for space with parking most of building are in the tenderloin so they don't come with parking in addition in trying to figure what we could potentially do we have restrictions from investors from regulatory agencies and criterias so it makes it difficult and challenging to say we'll make an exemption for this because of the restrictions we have we continue to look for ways of trying to make that work we're engaging with housing

authority so see if there are opposites and if we're not able to accommodate the appellant but working with the housing authority for them to provide vouchers for the circumstances and work with to try to see if we can have the appellant receive one the vouchers that allows i am then to look for other areas and properties come with parking and facilitate you guess hills search we'll engage with the relocation with the organizations we're familiar with in helping and assisting him that will meet the two needs the housing and parking provided we get that voucher we're looking across the protocol it is difficult we don't have much available period and even you know again, the tenderloin didn't 0 come with

parking we continue to look but looking various he avenues simultaneously. >> you answered my question. >> okay any - mr. teague. >> good evening commissioner honda and commissioners corey teague for the planning department staff briefly the planning department has worked for some clefb with the mayor's office of housing and community development on the rad program that includes multiply projects we've been working with them on the permitting that sometimes requires variances or planning commission hearing in this case only a building permit application the ceqa clearance was oakland on september 16th of

2017 and the building permit is fully compliant with the building code and the staff didn't receive any comments from the public and as such the planning department approved it on january 2016 i'm available to answer any questions you may have. >> mr. duffy. >> good evening, commissioners joe duffy dbi the primary under appeal the description of work was for ground floor addition office common area and ramps storefront replacement and elevator modernization and envelope improvement and accessibility and casework and plants and fixtures and lighting upgrades and site improvements and new facade improvements the value of the work at the $21 million, the building permit was reviewed but

as you heard city planning the building department and fire department and dpw and it was issued and from building code point of view i don't see any issues with our approval so i'm available to answer any questions thank you. >> thank you. >> thank you. >> any public comment on this item? please step forward. >> good evening board members including but not limited to i my name is a kate the deputy director of the mayor's office of housing and community development and want to quickly give you give you a little bit of background hud has. >> aren't you funding this project. >> yes. we are a lender on this project. >> and. >> your technically based on our rules part of the permit holders team. >> if the permit holder wants

to give up their time during rebuttal you're not part of public. >> so we'll take other public comment first and then move to rebuttal they'll make that decision please come forward. >> we can change to the other mike. >> hello my name is louis costello i am the vice president of the 360 ellis tenants association unfortunately i'm going to be one of the ones that lose they're parking but i've been to a lot of meetings with tndc and the benefit of all of their work we really need it the renovation and the building if been

neglected for many years and from i've been to meetings and seen the plans i agree that we need - tndc to get the help and also the memorial that's where we're at i'm here to make my comments that we need the renovation. >> thank you nice and short thank you. >> thank you. >> is there any additional public comment? >> okay. no total public comment we'll have rebuttal and start with the appellant. >> yes. your turn. >> 3 more minutes. >> 3 - >> you must understand if you found now of ground floor one position would good for yours i

take my appeal back one position front yard discriminate inside they discriminate they grabbed our area they built new building i won't explain to you the financial part who understands what good people can come and say i lose my parking and not very happy i understand this but you must understand owners don't pay for this building they not own - they want they free tax money from city from

sponsors and built new buildings new why. >> whoever can understand why people take $31 million not 21 as - $31 million i give you paper number 6. >> they take $31 million from the city and sponsor free tax dollars and they want to take from bank they won't give our building at the ground for bank and take money you must understand why people take $31 million in rent from this building for 10 years can be 3 and a half million dollars only

if you don't pay the rents for land is as - >> for 10 year this building can collect 3 and a half million dollars they won't spend loosely in construction not have only discriminate people they have professional mistake if you want to see the project you can understand that they closed the road to the backyard and in a few things must be electric company sometimes they change the generic and now we - >> sorry i finish my sentence. >> they take they smile from

bank and an amount people don't take if this position what do they have i explained in the program i have you can see there are - they give our building to the bank but was they built they receive as they only property you can understand few years later few years later city moves a matter of buildings because they can't pay for this. >> okay sir, your time is officially over. >> they want $25 million you don't give me. >> everyone has the same time,

sir 7 minutes initially and 3 minute rebuttal we let you go well over our time, sir. >> thank you, thank you very much this is corruption only 3 hundreds permeated they want to take for the workers 3 thousand with three hundred apartments and this building for seniors and people with disabilities if you found something on ground floor for years i take my appeal back. >> okay. >> they millions sorry. >> okay weeks ago hear the rebuttal from the permit holder 3 minutes. >> members of the board the appellant has a lot to consider

the specific points heed to say if there was anything you want to touch upon. >> questions after but use your time as you wish. >> thank you. >> good evening kate hartley deputy director of the mayor's office of housing and community development we are a lender to this i wanted to give you give you a little bit of background consciousness as provide insufficient funding for maintenance and operation of the housing authority for decades a 26 deferred backlog in san francisco the needs for $700 million in deferred maintenance repairs hard costs alone three hundred 50 ellis is the needs for repair work there is no sprinklers in this building that is a high-rise 9 of units that is not a safe

condition we're pursuing this with in conjunction with hud and the housing authority to protect the city's most vulnerable residents public housing residents this is a great mayoral priority there is even sufficient funding for proper property management for a long time and the reconfiguration will allow for a new era of property management and the provision of services the rooms provided the new spaces will allow much greater service deliver and better outreach to very vulnerable tenants and finally more importantly i want to let you know that hud has required that the financing of all of the poupg public housing work we're doing in this phase that includes sorry 14 buildings

must be interconnected because of the you curious so a delay on one project stalled the transaction for every single building in the city we've lined up investors and hud the housing authority and every city agency to allow this work to go forward it is so important so we urge to you to deny the appeal thank you. >> thank you. >> you still have 20 seconds. >> i have a couple of questions. >> me, too. >> first question will be so there is dedicated space for the four for the temporary displacement of the tenants in the building i believe i heard someone is that someone want to address the mike please they'll be displaced the question how long displaced and question two is that in the building.

>> right they did period of displacement 4 to 6 months per phase i'm sorry president repeat. >> the second question is there specific space in the building for the relocation of the tenants displaced. >> so as part of the rad program point housing authority has been doing no recent vacancies so by the time we purchased the property there will be adequate or one short but touch on that more the way things are mounting up to relocate people in and around the building and assistant movers and help them with the stuff and provide temporary cover their cable bills whatever

to keep them comfortable during the stressful moving to temporary units in the building and secondary back to the units by the time it will be refurnished and have the phase. >> my last question to clarify that that means you have 20 something vacancies in that building. >> yeah. >> you're working on two floors at that time. >> yeah. yeah. >> for that neighborhood. >> i look at my projection on the desk the housing authority has been leaving those units vacant we're zero to one offsite relocations required for . >> that's my third question of the way said in the appellants brief that is hard to understand parking was the first one that was submitted he has it written which do not stay in line and

whom want to have this apartment is an inheritance please don't permitted the upgrades without rad returning the tenants and stop those people. >> yeah. yeah, but by all means welcome the boards to ask for clarity i believe he's referring to something i'll introduce and ask if you can talk about more but something called an ad family member process and someone from mohcd is going to speak about that so i'll give this back to kate hartley. >> kate hartley first of all, this is this will remain assisted housing there is no inheritance if someone vacate

the units the next person from the housing authority waiting list it is eligible and there is a policy called add family in public housing across the city there are many people living in unit technically not on the lease and again, the reason that happens the housing authority has not received sufficient funding to provide the project manager with the households living in the units are fully identified and people properly put on lease so because we know that people live in the units without being on the leased we and is housing authority have pursued add family to bring everyone forward and everyone that can be at to the lease has to be eligible and have some familiar connection to the person that is living in the unit legally on the lease and

their other eligibility requirements mark farrell a means of right sizings the building so we know who is living there, who is eligible to live there in you're not eligible you can't live there this is a senior and disabled building that's the way it will stay permanently. >> this is the first rad project that came brown-bag me in for us years i think so the city and county didn't have go separate classes of citizens again breakdown so the appellant can have it explained to him. >> thank you. >> okay. >> i have a question. >> mr. falk why not if you'll step up direct the traffic first of all, i'd like to - i'm from my days on refreshed my memory i'll familiar with tndc you do great work and support the city

in a tremendous fashion one of the things i really like hearing and one of the problems we had with a lot of the projects in the redevelopment was the relocation issue when you relocate anyone especially seniors and people with disabilities to another building as chaotic and significantly undermining inform their lives and the philosophy and mandatory a lot of people are saying the same building is really great to hear i understand the age of building, i understand certainly the laundry list of things that feed to be done from sprinklers to the simple renovation of kitchens and equipment and stuff like that so i'm good all the way down to the lobby all right. but when i - what i don't understand someone explain to me

this building is sustaining it's character it is sustaining the same tenants and the same tenant type and on floors two and upwards why the radical shift in the lobby that's seems is to be the appellants big deal i heard parking i understand he didn't want to give up his car this is a whole other discussion when i look at the plans for the lobby why is it same building going through a massive configuration with electrical roofs being moved and what means of access and also the give up of the lobby community area which is so incredibly important to people that don't get out unless - can you explain why the radical

change. >> i'd like to offer to part answer i'll speak generally and one to clarify we're expanding the community area so the bigger lobby has to do with with more community space for the tenants in general tndc thinks long and hard about the common space because people's units are small it is important and think about the space that our staff needs not for their well-being but their ability to do their jobs well, we need services, offices that are separated and placed carefully with respect to the property management office people that are assessing services don't want management to know that is an example of a really important kind of thing how we think about reconfiguring we're reconfiguring again generically look at the desk the

front desk to mock for more secure inventory we know we'll not renovate for another thirty years this is our opportunity and i'll say ms. hartley didn't say within of the big issues not enough money to do everything we want to see so almost like if moh is willing to take their scarce resources and allow us to reconfigure the empowering there is a big bar and ask the architect to speak a little bit to this. >> i'll start with picking up what don said that is starting with providing services to both the tenants, services in terms of social services and services for the building in terms of being able to take care of the building upkeep no maintenance space no spaces for storing of

materials and supplies working on things to fix things so while we're creating space that will be private spaces for social services we're also creating spaces for business offices to manage as we said earlier, one small office on the ground floor and thirdly, creating maintenance space not as much maintenance space ace appropriated provided in a building this is the first thing we're adding 70 percent of square footage to provide those areas on top of the existing ground floor didn't have not meet ada mobility requirements and the entrance that was shorter than earlier from the street into the front door is two steep actually to meet current mobility this is why the zigzag that was approved by the

mayor's office on disability the building space this is a to accommodate the mobility and movement then the discussion of the community room it is approximately 3 thousand square feet providing a smaller community room have to take other spaces for services. >> i'm sorry to interrupt. >> how large will the community room be 3 thousand to what. >> 7 thousand the communities room didn't have code enforcement egress for a room of that size and single occupancy the new communities room will be oriented towards the rear yard from an asphalt parking lot. >> sorry to interrupts it says the community room at 593 am i looking at the wrong plans. >> maybe 6 hundred i was off 5

hundred square feet but basically, it is that but basically the current community room is so large it presents a fire hazard in terms of amount of people that can congregate there but, in fact, the room is so open and exposed to the lobby and the front it is not used by many people only an open space to create a room with multiple functions a smaller room near the front be for smaller gathering for watching tv and things like that and finally we're creating outdoor space that will be something that people want to use because we'll have basically plants and lighting and assessable currently that is prirments an asphalt parking lot that space will be off the community room our ideas the community room has

an indoor and outdoor. >> i hear from the appellant what i heard and i don't know if i understood him correctly to say his concerns of parking will go away if there are a more ability to have a community space than now i see his reaction as a resident from 3 thousand to 5 hundred and 93 square feet which is gigantic and is there a compromise opportunities here where more space i'm not advocating for 3 thousand or to one thousand but is there a fashion have you - worked with the residents to find a compromise progression position that will give them a large space than 5 hundred plus to 3

thousand square feet. >> we've heard from a variety of residents and heard about a variety of needs in terms of of the types of uses in the room and i would like to say that that's why we have a smaller room towards the front i'll cancer that part of room and the lobby area to be a place to have furniture and accommodate seniors sitting and waiting for rides and having connectionith other people in the building as they come to get their mail or out of the slates i consider that common space we talk about the community room basically a main room roughly 6 hundred square feet, we have basically a kind of communities room at the front that is more for 5 people to congratulate and watch tv and things like that and a generous lobby that has seating mailboxs

and designed to create community through the interaction of people through it we've taken a large 3 thousand square feet undesignated area and broken down both scales of space responding for instance, one of the requests creating a space good for exercise and ti which he and yoga but they can use the outdoor space and created for outdoor space in our way of looking at things the community room it is a room that is landscaped if you look at 6 hundred square feet and 3 thousand it is a dramatic change but if we went back and looked at it it we're not losing the community area we've dmaevend it for different kinds of use. >> any other commissioner

questions. >> i see all. mechanical and garbage was that on the floor or relocation those. >> the garbage and mechanical and electrical are staying there an electrical closet in the center of the open lobby we relocated that again to open up that area both for viability and circulation. >> you're indicating lobby lounge and m. >> management that located to create the ability for them to viably monitor the lobby. >> okay. thank you. >> thank you. >> anything further from the departments no okay commissioners, the matter is submitted. >> i'm sorry sir, you can't speak from the galaxy thank you.

>> anyone wish to start. >> why not i think in my preference to asking questions to mr. falk i expressed my feeling tars the need of this building and they're no new phase two to managing the buildings for people in need in the city the thing and also i'm sympathetic to ms. hartley understanding that one domino out of place can screw up the box of dominos and so in simply

and the strategy of relocating within the building is a great one trust me from years of hearing similar situations where people didn't have that and frustrations i'm listening to the appellants as well and not about the parking. >> but rather the sense of community and that downstairs area i'm wondering if under recent a further compromise compromise it takes time and i hear ms. hart less voice in my area i'm torn i don't have a position but thought i'll express myself between the commissioners. >> i understand the huge difficulties in renovating units especially, when people are occupying them and the

difficulty for people to have change i believe having been to several the buildings and having been involved with the corporation i seen the infrastructure and amazed at the communities with the amount of organization they're able to accomplish so personally i would deny the appeal and approve as is myself. >> on the basis? >> >> are you making a motion. >> commissioner fung it was prove or disprove issued. >> yeah. >> a motion to deny the appeal and uphold the permitted was properly issued. >> commissioner fung

commissioner lazarus commissioner wilson commissioner swig. >> poke that that motion carries with a vote of 5 to zero. >> we'll move on to item 6 which is appeal number versus the department of building inspection with the planning department approval. >> property. >> i'm sorry sir, you had your moment please. something else is here to speak please give them the courtesy to do so. >> on daily wood way for the alteration permitted to provide deck at rear and remodels family room with windows and new sliding glass doors if you'll wait one moment you'll have 7 minutes to present your case. >> you can begin thank you.

>> we're here to first of all, good afternoon. i'm a bit shaken by the previous hearing we're here to talk why we are object to construction of this small deck as the property on 265 dell wood way located at the mountain and why do we object we - i asking for compliance with this protection act which became part of 2010 san francisco building code but before that i would like to introduce our family we're a

family of engineers my huh-uh's boris is telecommunications engineering i'm mechanical we came here 40 years ago to the united states as refugees from the former soviet union and one week about the loma prieta earthquake we moved to arco at the top of the mountain and the housing we survived it of survived it and gave us an illustration we'll survive for future problems well, that allusion was shared by the 1987 events at the edge wood mountain what happened there because of construction.

>> overhead please. >> yes. because of construction at the bottom of the hill the residents at the top of the hill had to be demolished and portion the hill slides down and the city had to do immediate work that exceeded $2 million another event outdoor last december another beautiful property on our streets next door on another block had to be demolished due earth movements that's why we received a notification our neighbors downhill planned to do construction at the actually of the hill it leaves us concerned

i did some research what we found out following the disaster at the edge of the mountain the city did corrective work actually a lot of work maps were developed to identify earthquake hazard zones and mudslide hazard zones those maps were located predominantly at the second story 6 and 60 mission street the slow protection aqueous developed in addition to that s o 5 was explained to the general public what others conditions will

develop a submittal of the technical report why not enough to be located in the hazard zone and we are sorry we are located right there at the now davidson in the hazard zone but it is not enough you need to the work that you plan to do has to trigger several conditions so we looked at the and we were concerned we reached out to neighbors that planned to do the remodeling and met with them and suggested they contact the technical consultants to develop this before that that was our suggestion and hired great expense paid 5 thousand dollars

and at last i found out in my mailbox this report and unfortunately, the recorded showed me that unfortunately, this consultant was not aware of san francisco building code was not aware of the slope protection act made several omissions so absolutely no protection with developer to prevent to mitigate this potential disaster and slide to prevent the to protect the city the code is the code it establishes minimum requirements not maximum minimum requirements the condition is when the construction taken place to

follow conditions of the slope protection act is to undergo additional review for structural district and slope stability this is all and well - in our opinion all we're asking comply with the code because otherwise the city is exposed and accepts responsibility and potential liability for any events related to this construction. >> that's all i have to say. >> ma'am, did you ever talk to the city. >> excuse me - >> did you talk to the city

the department of building inspection. >> no. >> because they're the ones that check for slope stabilization requirements. >> is that my position to approach the city? >> no, i'm saying i'll ask. >> no, i never did no only to our neighbors. >> thank you. >> we'll hear from the permit holder now. >> hi names a chris this is my partner billing o'connor and good evening board members and also dbi. >> overhead please. i'm sorry. >> you're going to use the overhead. >> sorry. >> we requested it for you. >> so it is very much our goal

to resolve this tonight we were excited to get the permitted approved and followed all the due diligence with an architect we have a structural engineer work and reached out once we found about the appeal we contacted them and walk through that's when we learned about the slope protection act you're not in compliance with that we can move forward with the appeal you'll deny it we feel due diligence was handled that with that said, we really want to make this work we want them to feel secure we don't want their houses to come down on us we saw the examples she brought in examples from all over the city we want to focus

on what we're doing with our specific project we hired in the hopes of resolving this we hired a listened geotechnical structural engineer well understands san francisco and done numerous projects and understands his assessment he said i'm more concerned about digging out a huge tree stumble as opposed to the work i'll have bill walk through the scope of work we're proposing to do thanks. >> good evening from the picture we'd actually had the first set of plans approved and that comprehend of a seismic upgrade if you look at the backside of our house this is a room that has been attached to the house after the house was

moved up from potrero and supported by the two wood wooden beam with to terse on this concrete pier here and . >> address the mike. >> in addition to this retaining wall back here there's a flat area behind here that is mainly backfill from the original construction and about 4 feet out the hill kind of takes an up slope so part of the money point of contention appears to be digging in this area what we're trying to do is and under the recommendations of our architect and engineers do a seismic upgrade with the footing

behind the retaining wall and connects the back of the building and provide she or he for lateral strength on the back wall that digging is much more extensive than the small amount of digging for the deck we've tried to change our plans the original plans called for a small footing to be dug into the hillside and then the deck joints attached to the house and run directly to the hill 8 feet we're talking about one and 20 square feet of deck i did not like that plan when i talked with the architect we were already in the process of changing it what we've done instead we would like to change the plan the desk is out we'll put in tiers closer to the

backfill no digging ever disturbance of the hill or removal of any vegetation and pretty much mitigate hopefully mitigate any kind of problems that the deck that could potentially cause per again another picture of the home. >> mainly as you can see that the hill is fairly extensive there is a lot of trees and things on the hillside we have a small garden which we maintain here and plants plants on most of the garden is rock the rock out bobing the sloping part and then this bottom flat part of dirt area other than that we've tried to change the plans and some reasonable way hoping to

accommodate the appellants so we can precede with the construction. >> so, so bottom line we're your request you deny the appeal and in the hopes we can resolve this tonight we really want to accommodate our neighbors concerns in that you know they're worried about this slope protection act and so we did go ahead and got this licensed report at great cost and this person really understands san francisco's geology and their concerns his only concerns were you're putting in those two footings for the seismic upgrade to make sure to be safe the only time you're at risk you're doing the drilling do them staggered we're more than happy to do that

and the second thing our original permitted was approved for the 20 footed footing we thought you know what we'll go for 3 tiers we really, really love to resolve this we've really gone to meet your neighbors more than halfway didn't have to get the report but want people problem happy and safety we've lived in the house since 2002 a 13-year-old son and building in safety and want to follow the rules we feel we've done our due diligence and want to be able to - >> thank you. >> we'll hear from the department now. >> good evening again commissioner honda corey teague from planning department staff just a quick point i had to sign

off the emergency permitted for to see this so i understand the concern in this area very real issue having said that, this is a permitted that is very minor in nature it was reviewed by planning department staff over-the-counter and approved think february 19th of this year it was approved because it is fully planning code compliant and no neighborhood notifications that is adding more open space there is slope to the side to be used for open space and additionally the appellants are focused on building code issues having said that, i'm available to answer any questions. >> thank you inspector duffy. >> commissioners joe duffy dbi the project at 265 the

description to provide the deck at the rear yards and monitor the windows and sliding glass doors and remodel the kitchen the primary was approved by planning our building review was done by one of the engineers and it was approved any mechanical plan check as well i'd like to thank the appellant for giving us history of the san francisco planning code and particularly the slope protection act on the different measures but what we have in the code for areas that fall under the landed slides or areas stuff like that and a lot of that become because of previous incidents when i read the brief yesterday, i immediately contacted the dbi engineer and mr. you was very

helpful and given me a couple of responses i'd like to show you those first of all, if i could have the overhead please so this is a typical screen shot of permanent tracking system dbi and you put in the block the address over here i've cycled it a little box that says restriction. >> sorry. >> make that beggar. >> oh, i'm sorry. >> thank you. >> - when you go into the restriction you click on that it brings up the block allowed again, the addresses i'm sorry - >> get this bigger fortunately

it says landslide program if you're a member of the public that is something you need to be aware of in the building code then in section one 06 a if i could have the overhead again so this is the section the slope protection act so it - there are several paragraphs i've highlighted the ones relevant the heightened review shall be given to the subject property act the next paragraph we have a list of types of projects that fall under that there's a construction of a new building or structures having

over one thousand square feet of protected roof area and horizon or vertical over one thousand square feet of new projected roof area and in addition those requirements shall apply in the opinion of the director the proposed work may have a subsequent impact from the stability of any property and goes on to give you those different it types of projects shoring and the retaining wall including the exploration of over 5 it cubic yards and others construction activity according to mr. you go the project didn't fall into any thoughts categories he was aware of that it was in the lands slides could fall under the slope protection act but this scope of work didn't meet that

criteria in his opinion overhead again, please. >> so after i spoke to you it was helpful in getting an e-mail one of the in answer to the question one in the brief the proposed deck at the rear of the house on dale wood prevents construction of the high hazard possibly potential hits response half of the city located in the landslides and construction effecting the soil is a continuance foundation for the deck at the bottom of the hill relatively low according to the top of hill we're appealing the deck on the non-inclines protection act

not near the cycle area that requires the monitoring under the slope protection act and the subject to the soil protection are instructors over one thousand square feet or the projected roof area or horizon vertical additions and over one thousand square feet of the roof area the scope of the work on this does not please let me know if you have any questions i'm saying we know there are concerns dbi reviewed this project properly did look at the slope issue and comfortable with the review and saying that as well we have no doubt a revised design that would have less impact i'm not sure this is - that's the way they want to do it could be

incorporated into that by the board of appeals into tonight so i'm available to answer any questions. >> mr. duffy mr. you is a pe in civil and structural. >> i don't know the answer he works ass at the dbi plan check. >> source of mechanical. >> sorry he would look at the structural details on plans and any structural designs a lot bigger than this as well. >> thank you inspector duffy. >> okay any public comment on this item? mr. chairman and members i'm coming down the pike o colin and mooirlgs live next door to

theirs one 36 immediately adjacent the backs of our property properties share the same slope going down into the property in question i'm here primarily to voice our concerns as pertains as taxpayers but this is the most important asset we have and we share not only the concern of the appellants but also the risk of the slope and so the case is gone considerably more complicated than i aeptdz and sounds like that needs a lawyer to explain this this is not my fields at all but want to add our concern as pertains and as neighbors of the appellants thank you. >> any other public comment

please step forward. >> hello, my name is silvia johnson. and for the property the city was putting back and the commissioners motions you know other building codes detail and for the safety protections that they put in for a say in that the error to the public thankful for a confirmation they put on this - when all i've asked for this to be you know rebuilt all over the place confirmation you know on city projects

because this lands slide and everything that said about mother nature not really done this is done by act of the agency and viciousness they're trying to protect and reveal and they don't know undermine i'm already been in a lot of the incidents with the control vision and that's visual vicious i'm trying to make sure that is - this is the way i do with my housing with the pagd with the land workable who really owns

the property and have been told about these where i'm supposed to go to get the claim done and have it written down i've not be able to do anything so busy trying to find the veterans administration and because when i was trying to get this veterans administrations those those court hearings done it seems some kind of condition to my head - on that issue then you know really you know marking the lands that was supposedly built in this here providing was i know the assets it was in on

that side issue to be marked open on this thing. >> thank you. any other public comment. >> seeing none, we'll have rebuttal starting with the appellant. >> well, it was interesting to listen to the opinion mr. you he's not familiar with the information sheet as his wife that classified and explained technical report requirements he quoted code but this information report requirement was issued in 2017 clarified when this report should be prepared at least nobody is debating the area is potential

slide area; correct? >> i hope not now this report has been conversations of 4 pages it was issued may 20th 2015 signed by tom h u i director the department of building inspection and it is explains one of the conditions on paragraph four slope steeper to one vertical if you look at the report prepared by paid by you are neighbors in great course this slope actually not - one to one not two horizon to one vertical or one herlg to horizon a steep slope and other requirements that also triggered this technical reports

now we insist that the report should be preempted by qualified technical engineer and this the code the slope protection app to be enforced in daily detail with structural review and further reviewed by the department of building inspection but no mechanical engineer but by qualified person. >> because you know what our homes are at stake. >> all all we're asking is that the code the city of san francisco code to be properly enforced by qualified personnel. >> thank you. >> okay rebuttal from the

permit holders. >> can i have the overhead. >> i wanted to add a couple of things not bring in any heavy equipment back only just the normally some kind of thing to dig the posts or manual labor to dig the footings as far as i'm concerned, of the actual meeting the requirement with the manual report had the report done anyway from mire reading of the report the geotechnical engineer said he feels our project is feasible my interpretation of that is we can do it it won't

pose a significant hazard to people up slope. >> yeah, and i mean from what we heard from mr. duffy is sounds like i mean, he is a qualified person at his discretionary to trigger the protection this is not one of the cases we did go ahead and get the report this is a licensed geotechnical structure engineer we complied we thought get a sense of belonging what is inside of the groin that is it we're good the last thing i really, really want to resolve this tonight if this appeal is denied my concern i want to make sure we actually want to revise this we don't want to do this 20 foot wall for the deck that was a little bit

invalve we want to have the 3 drills again, we're okay with i want this to be played in the permitted my concern if we do issue a new permitted that will trigger another appeal and i would very much like to avoid that i don't know that make sense i'd like to put the matter to rest one way or another if possible. >> you you know your drawing think is drilled pier didn't show a depth. >> we included that's in the report overhead please. >> i'm fine. >> the original depth specified by the engineer was what. >> the structural engineer that drew up the plans was one foot the geotechnical engineer

an assessment basically analyzed and made some calculations think lateral movements based on how many i how much he feels the earthquake will move the deck letter of the law and dig it deeper a choice of one foot are 5 feet dynamic i asked him to do 18 inches instead at 3 feet that's his suggestion as far as digging into the rock the footing didn't seem to have that requirement it is only a foot deep. >> i think so you're asking should we concur with you to accept and modify the permitted based on there drawing it didn't have a depth. >> we're fine with having i mean- we thought since the dbi was here they could amends this

we're fine whatever it takes to make this happen so we thought you can revise this and move forward with it. >> for a drawing. >> (laughter). >> we're fine with putting in 3 feet or 5 feet - >> 18 inch hole. >> at 3 feet. >> we understand what you want. >> we don't know the process you not having to see us again. >> anything further from the departments inspector duffy. >> commissioners joe duffy dbi just on the last point i won't be qualified to say what the footing needs to be done by an engineer not sure how to handle that. >> the engineer had already recommended 3 feet deep if so it

18 inches but didn't show on the drawings. >> i saw that thanks for bringing that up i noticed on the brief. >> just the scope codify work not falling under the slope protection act mr. you is a qualified engineer the project will be inspected by dbi the inspector for the appropriate depth and evacuation that needed to be done. >> what about the - >> the document she read the may 20th, 2015 5u i didn't see that in the brief. >> i'm sorry please don't speak from it - >> the geotechnical drawings the people that have voluntarily done one but mr. you said that didn't require a geotechnical

report for the scope of the work i remember that getting created that document and not that familiar with that as familiar there's a lot of information sheets with dbi but i don't think that i think - sorry. >> so i think the argument is that the 2015 document gets for specificity and if we look at dbi didn't look at more specific document it raise questions in my mind whether or not it does fall under the particular regulations. >> it would only fall under the requirement for a geotech report we have a geotech report