able to solve, so my boss was able to get me out of the unit. he transferred me out, and a couple of weeks later, i found out i had breast cancer. my intuition that the job was killing me. i ended up leaving, and by then, i had 28 years or the years in, i think. the writing thing really became intense when i was going through treatment for cancer because i felt like there were so many parts that my kids didn't know. they didn't know my story, they didn't know why i had a relationship with my mother, why we had no family to speak of. it just poured out of me. i gave it to a friend who is an editor, and she said i think this would be publishable and i think people would be interested in this. i am so lucky to live here. i am so grateful to my parents who decided to move to the city. i am so grateful they did. that it never

>> first of all, welcome everybody. we will make this routine. i'm very glad that everyone here has partnered to end s.f. gun violence. all over the world, it is a phenomenon that is going on. we are playing our part that we end this gun violence. we live in a country that has villains everywhere. but one thought -- gone off the streets, potentially packed could save one person's life. you could save the planet. what i mean by that, you do not know who will be the person that you might save. i will give you a prime example. we have a mayor in san francisco who is born and raised. she is a native from san francisco, born and raised in the o.c. projects. if anyone knows san francisco, it is one of the hardest projects in san francisco. to come out at the o.c. projects and fillmore as a negative, you tell me that? [laughter] come on. so look at her.

she is the mayor now. give it up for the mayor of san francisco. [applause] you never know who is going to be affected, and who is going to be saved by doing the work that we do together as partnerships. we will have four speakers. i will have the current mayor right here and then the elected mayor come speak. and then i will have, where is captain redmond? i went to school with him. we go back like a hot bowl of menudo. and then i will have my sister right here, patty, who lost her son to gun violence. i just want to welcome you all here. i want to welcome everyone here. and all of our partners pick without further ado, i will bring up mark farrell, our current mayor. [applause] >> mayor farrell: thank you. first of all, i want to thank you at the united players for holding this event, as well as

the gun buyback program. i want to thank mayor elect reed who has been a champion for a long long time. this is not something new to her. kudos to her. [applause] i want to thank our police department for being here. to the captions that are here. give them a round of applause, please. [applause] and i also want to give a shout out to our late mayor ed lee, he was a huge supporter of this program as well. for all of his support over the years. we are here to talk about gun violence in san francisco. this is an issue that affects our entire country. it affects us in our streets. ever.every year, in our countr whoa. >> it was ed lee exco. [laughter] >> every year in our country we have 12,000 people killed by gun violence. 106,000 people -- 106 people every day. for everyone killed by guns, and other two are injured. 24,000 are injured on the

streets of our country. and that has to stop. we are going to continue to push in san francisco. and mayor elect breed will push in san francisco for policies and commonsense policies to get guns off our streets. we are here today that san francisco is going to continue to lead the effort to get them off of our streets. [applause] >> i'm so excited to be here today. san francisco is doing something different, once again. we are leading the charge. when our country and our congress and our presidents continue to do everything that flies in the face of san francisco values, san francisco is stepping up. we're doing things different. doing things a san francisco way. we are here to protect the youth of san francisco and here to protect the generation of san francisco leaders. i'm proud to be here today and proud to join everyone behind me. thank you for being here. [applause]

>> i want to acknowledge a lot of our partners who made this happen. mothers in charge right there, mattie skye. [applause] her son is actually on the wall right here. she has been tremendously fighting throughout many, many years to end this gun violence. you have sfpd, the mayor's department. a whole array of community-based organizations that are here. project level, the brothers against guns, rate? we have the suicide prevention organization. we have the brady campaign. who else have we got up in here? the foundation. john did what we you all heard that. that is the honey on my tongue. sometimes i can't spit it right.

you heard that. does a lot of other organizations. i want to thank our business partners who actually funded this event. that you all see them out there. [applause] all my homeboys who wanted -- to run the dispensaries. [applause] elevated, green boy, grassroots. am i missing anymore? we need to get some more because they have a lot of weed stories in san francisco too. i'm sure there's plenty more. i want to acknowledge salesforce, boston property, kilroy, clients, all partners. there are so many different dimensions that are coming together as one to end gun violence. i want to thank all the leadership from everybody who has been a part of making this happen. without further ado. i will bring up the amazing and intelligent and beautiful london breed. our mayor chair applause -- [applause] speed you --

>> it is so exciting to be here for something that i know, for certain is going to save lives. last year, when we did this in december, 280 guns were collected through that last buyback. that is 280 lives saved. i have to tell you, rudy said that i come out of the concrete. o.c. projects, out-of-control projects. let me tell you a story about ocp. i was about 12 years old, one night, and i know sean richards will remember this. we were all hanging out and purging in a place called the tunnel. some of you will remember the tunnel if you grew up in the western addition. most people did not come to the projects that i grew up in. but the people who lived there

and were welcomed there would hang out in the tunnel. at night, we were playing music and having a good time. we were just hanging out and enjoy ourselves. and sadly someone came through the tunnel and started shooting. that person was after somebody. there were a lot of people out there. that is where we hang out at. when all the dust settled, there was one person who was dead. do you all remember when stacy died? stacy, if you know -- if you knew stacy, all the mothers loved stacy. all the kids loved stacy. everybody loved stacy. and he wasn't, again, even the person that this shooter was targeting. he is not here with us today. that could have been me. that could have been anybody else in the tunnel that night that could have died because of a gun. because of senseless violence. this is why, what we do here today, is so important. our goal is to save lives.

our goal is to help people who are out there with guns understand the tragedy that they are inflicting on the lives of the people that have to suffer the consequences because of their mistakes. we want a safe city. we don't want to see our young people continued to die to gun violence. we do not want our kids to feel like every time they hear a loud noise, they have to get on the ground. where they are learning and they are learning environment and in our schools. we not only have work to do in the city and county of san francisco, we have work to do around getting guidance out of our communities all over the country. and as your future mayor, this will continue to be at the forefront of my advocacy efforts, as long as i am a part of the city can't get as long as i am living and breathing, i will always be an advocate for

getting rid of guns on our streets on a regular basis. [applause] so here is an opportunity. we need to change our lives. for those folks who feel they have to have a gun, no questions asked. no questions asked. no judgement. turned them in. we are asking you to help be a part of the solution and make our city safe. thank you so much and i hope to see you here on saturday. thank you. >> right on. [applause] spoken like a right -- a real mayor. i just want to -- i apologize, i didn't acknowledge who does the outreach for the gun buyback. you have to catch this. they did it by you, and ten gentlemen who did a life sentence in prison. come on up here. you all have to be up here. you are part of it. all these brothers right here did a life sentence in prison

and are now back advocating to stop gun violence. [applause] we have over 300 years of prison time up here. instead of taking lives, they are saving lives. [applause] i have to make sure i acknowledge glenn holden, our reentry leader there he did 45 years in prison, straight and is out now leading the charge to end gun violence. forty-five years. longer than probably -- you probably didn't have cameras back then. [laughter] this brother right here, in these brothers right here are miracles that are walking legends. let's not neglect and forget these gentlemen right here. theories are the gentlemen that are pushing the line to get the guns off the streets. with that said, from convicts to the police -- police, my brother there, thank you.

i want to bring up one of his fellow brothers who i went to school with at mission high school. brother tony chapman. [applause] >> first of all, it is hard to follow our current mayor and our mayor elect. both are detailed. they are faced -- they have detailed what we are facing and how we are facing it as a team. i want to, before i say anything, i want to give a shout out to the mayor, and everything that he has done and the mayor elect for everything she has done and will do. think both of them. thank you. [applause] secondly i did go to school with rudy and he has been passionate about everything. and stories about me taking his lunch money are all false. [laughter] let me start off with the good news. let me start off with the good news. the good news is the homicide rate in san francisco is down 43%. [applause]

another piece of good news, the shootings are down double digits, but in the teens. we want to get that a lot better. now the bad news, last night and early this morning we had two shootings and two different neighborhoods in the bayview hunter's points that illustrates the point we need more guns off the street. the thing that this country has to wrap his mind around and the city and county of san francisco, we get it here. the rest of the country, we need to drag them along. a study came out and it was a national study. there are more guns in this country than there are people in this country. anyone who thinks we don't have to do this gun buyback, they are mistaken. if you have a gun that is sitting at home and you are not using any think is there for protection, and it has been sitting there for a long time packed think about the potential of your house been broken into and that gun being used and consider bringing it down and turning it into the gun buyback program. what we aim to do, and pardon the bad pun,'s ge is get as manf

these weapons off the street as possible. again seized as a life saved. the reason our numbers have been dropping every year, is we have been doing these gun buybacks every year. were getting more and more of these weapons off the street. i implore anybody out there with a gun to come and turn it in. there are no questions asked. we will not call you later and talk to about the weapon. turn it in and we will take it from you. my last shout out has to go to the united players. they are right. this partnership is necessary. it takes a hood to save the hood. thank you. [applause] >> me and him went to school and he had a jerry curl back then. [laughter] yeah. [laughter] before we bring on our last speaker, there's a lot of people who also have been in the background. they are sometimes, sometimes they don't get acknowledged, but they do all the major work that

makes it happen. i have to give a shout out to my brother damien posey with paradise. where are you at? you see that hampso hamsun brotr right there? [laughter] and sean richardson. my brother right there. big rich. project level. these are people that you can't forget about behind-the-scenes. we have a lot of women who did this. this world is ran by women. how about that. are supervisor president? and a sister. come on, now. so i want to acknowledge carolyn and misha who are often behind the background who don't like to get acknowledged. you know, add to my beautiful daughter right there. she has all of her teeth. [laughter] i want to bring on a mother who i met to his amazing and incredible. she is doing big things. i will bring her on up. her name is patty. her son passed away, we will dedicate this gun buyback on saturday, june 30th, from 8-12

to her son, robbie. come on up, patty. [applause] >> good afternoon. i want to thank you rudy for inviting me to come here and think united players for the great work they do in the city and beyond. my name is patty. on the founder of the robbie pub d. foundation. i have a very unique perspecti perspective. for almost a decade, i was working at the chronicle just down the street as a metro editor. at a columnist and an editorial writer. for years, i ran headlines about gun violence. when my son was shot and killed in 2014, i understood what it meant to have that headline me about your family. all we know is that headline. we don't know the aftermath. there aren't stories about what happens to the family and the life sentence that is imposed on the family. within seconds of pulling that trigger. i gained a lot of appreciation. i didn't understand it when i

was writing the stories what it meant to those families to have that last story about their loved one. and my son was just on the verge of getting hired full time. he was learning how to weld. he had set his suit out for his interview on his bed. that was a suit that we buried him in. so, you know, for two years, i had a really bad ptsd. i couldn't even return to the place where i called home for 30 years because of that ptsd. one day, i looked at my daughter and said she had lost her brother and she will not lose her mom. i created the foundation. we do gun buyback just like rudy. that is why we are so proud to partner on this one. we get that metal and we redistributed to artists throughout the country. they create art out of them. alameda county has adopted that there. there are two exhibits made out of guns that were confiscated in homicides and gun violence

throughout the country. i hope to bring that way the rudy to san francisco. the other thing we do, as we provide paid vocational scholarships for exoffenders and at-risk young adults because there's no better challenge to crime then a good paying job. i wish, i wish someone gave the four men who killed my son that opportunity. we can take the guns away, but that does not address the desperation and hopelessness that causes them to pull the trigger. i applaud rudy. i applaud everyone here. all the partners that support him. it takes all of us. i can't do this alone and he can't do it alone. it takes all of us. thank you so much for supporting all of this. [applause] >> before we close out, i want to thank our mayor, mark farrell, for coming. our mayor, london breach. the real deal seal. [laughter]

>> don't forget about your brother. come on, now. my brother tony chapman. i know right now they have a bad rap. but you can see there's a lot of good cops, you know what i mean? we have to build relationships with the police to. we want to make sure they holds the bad police accountable. what is fair is fair. if we all commit a crime, we should all go to jail. so, thank you to everyone coming out. it takes all of us to make this happen. all of us. i want to say this last. you wonder why i am carrying this shovel? there's an organization that's called lead to life that me and patty match. they are in oakland. they flew us out there. the guns we took off the street, 280 guns that was given to us by sfpd, 5, 50 of them were melted

down and we made shovels. [applause] this is made out of a gun. we planted 50 trees in atlanta where martin luther king's granddaughter was there to help plant 50 trees, right? the soil be used came from young men who were lynched back from mississippi mississippi alabama. they were lynched and the dirt was thrown in the chattahoochee river which they preserved, and they gave it to me. we use that soil and to be shovels, and the trees that martin luther king, he likes them cherry trees, cherry blossom trees. we planted 50 of those trees in commemoration of the 50 year anniversary of his assassination. way that these shovels. the mothers through and th in ts that we had got from the buyback. so they are melted and people say, you give them to the police. no, look. this is living proof. , this out. feel that, brother. [laughter]

as we decompose a violence, made the earth, again be free. i want to thank everybody for coming out. this saturday, june 30th, 8-12, we are doing the gun buyback. one hundred dollars for a handgun, $200 for assault rifles. [applause] let's get these guns off the streets, you guys. one life can save the whole planet. thank you. where is your players club aptly the heart and soul. make sure we get those starts for the ladies. that is right. last year we got a rocket launcher. a cannonball. we destroyed them all. and we think the police thank te department. we can't do it. we might go and sell them if we

got them. [laughter] i am lying. [laughter] that was 87 rudy. [laughter] but we are here. it is about saving lives now. and preserving the future for our youth. and so let's do this together, everybody. we have all of our community-based organizations. we have our developers. we have our tech people and we have all our foundations kick all of us together, when the bullet fires out of that chamber, they don't care if you are black, white, straight or striped. i am a gun violence survivor. believe that. it takes a hood to save the hood. god bless you guys and thank you for coming. i had to give a shout out to my man who got baptized last week. welcome to the kingdom, baby. [applause]

the june 20, 2018 meeting of the san francisco board of appeals. board president frank fung will be the presiding officer tonight. he's joined by commissioner ann lazarus, commissioner dale honda, and vice president swig will be absent tonight. brad russy will provide the board with any needed legal advice this evening. at the controls is the board's legal assistant, gary cantara.

we will also not joined by representatives from -- be joined by representatives by joseph duffy, patrick fosdahl, chris buck, and brent cohen. the board meeting guidelines are as follows: the board requests that you turnoff or silence all cell phones and other electronic devices so they will be disturb the proceedings. please carrie on conversations in the hallway. for those people standing by the door, can you please move away for fire code reasons? we have to keep it open. appellants, permit holders and department respondents are each given seven minutes to present their case and three minutes for rebuttal. people affiliated with these parties must include their comments in the seven or three minute period.

members of the public who are not affiliated with the parties have up to three minutes each to address the board and no rebuttal. you are asked but not required to submit a speaker card or business card to board staff when you come up to speak. speaker cards are available on the left side of the podium. the board welcomes your comments or suggestions. there are customer satisfaction surveys on the podium for your convenience. if you have questions about requesting a rehearing, the board rules or hearing schedules, please speak to board staff on a break or after the meeting or please visit the board office. we are located at 1650 mission street, room 304. this meeting is broadcast life on sfgovtv, cable channel 78 and will be rebroadcast on fridays at 4:00 p.m. on channel 26. dvd's of this video are available for purchase from sfgovtv. now we will swear in or affirm

any member of the public who wishes to testify. if you intend to testify at any of tonight's proceedings and wish to have the board give your testimony evidenceary weight, please stand and raise your right hand and say i will or i affirm. do you swear or affirm that the testimony you will give will be the truth, the whole truth, and nothing but the truth. okay. commissioners, we have one housekeeping matter this evening. matter number four has been administratively dismissed because the permit was cancelled by the permit holder.

[agenda item read] >> clerk: so that has been administratively dismissed, so we will now move onto item number 1, which is general public comment. this is an opportunity for anyone who would like to speak on a matter within the board's jurisdiction but that is not on tonight's calendar. please take a speaker card and turn it into gary when it's your time to speak. is there any member of the public that wishes to speak on an item that is not on tonight's agenda? okay. seeing none, we'll move onto item number two, commissioner comments and questions. >> just want to wish our missing commissioner a speedy recovery. >> okay. thank you. is there any public comment on item number two?

no? seeing none, we'll move onto item number three, the adoption of minutes. before you for discussion and possible adoption are the minutes of the june 3, 2018 board meeting. we have a motion on that. >> so moved. >> any comments or additions? >> no. >> no, i'll move on it. >> okay. is there any public comment on the minutes? okay. being none, we have a motion from commissioner honda. on that motion -- [roll call] >> okay. the minutes are adopted. okay. we will now move onto item number five. >> one second. again, the zoning administrator doesn't have any cases, you can just sit in the hot seat

tonight. >> peal number five is 18-030, abdalla joseph, d.b.a. safe more mart, versus d.b.a., department of public health, appealing the denial on march 2, 2018 of a tobacco sales establishment permit pursuant to article s-h of the san francisco health code. so on april 25, 2018, the board voted 5-0 to continue this matter to allow time for the department of public health to provide information regarding their density cap analysis. on june 6, 2018, the board voted 4-0-1, commissioner wilson absent to continue this matter to allow time for the appellant to get a letter from the department of building inspection's technical services division regarding the seismic upgrades. commissioner wilson, did you have an opportunity to view the video from the june 6, 2018 hearing? >> i'm prepared to proceed. >> okay.

thank you. so we will begin with mr. jeremy paul, who is the agent for the appellants. each party in this instance since they were heard before will have three minutes, with no rebuttal. thank you. >> good afternoon, commissioners. jeremy paul for the joseph family and "sav mor mart." health code section 19-h, part d has a provision for a relocation of a tobacco permit, much like what we have in this case, in a situation where the store was forced to close and that a subsequent action of seismic upgrade was being planned for that property. i'm going to ask pat boskovich to explain the permit that is active on the subject property, the property that "sav mor mart" has moved out of to

explain the circumstance it meets the intent of the code of 19-h-d. >> my name is 35d boskovich. i'm a structural engineer. the building is a soft story, has an open front. the interior has no interior transverse walls, so it is a soft story building. the program was setup to be in three phases. phase one, phase two is three of four units, and this building would be in phase three when we get to there, in we do. that would include corner neighborhood serving facilities. the scope of the work includes reinforced concrete, footings, sheer walls and pull downs, any work inside this building of a token nature would satisfy the soft story program. it will -- this work would satisfy it.

it just hasn't been required yet because this phase does not come here. we're still working in phase one, which is five units and above. i did talk to the building inspector who's done the plan check. he's talked to the building department. i'll let him speak on that behalf. i have been out to the building, and this building does need seismic, and this is soft story retrofit. if you have any questions, i'm happy to answer them. >> that's in the existing application that's currently there? >> no, the application basically says conversion of he electric store to learning center. removes a roll up door, and then, you have to go to the special inspection requirements, which special inspections involves rebar. 19 is sheer walls, and item 20 is hold downs, which means they're adding sheer walls to the ground floor because the permit is only for ground floor

work. scope of work is about $3 $350,000, which is about $200 a square foot. >> could you please move away from the door. a fire hazard. maybe you can find a seat over there or against the wall. thank you. so mr. paul, do you have anything further? you have 47 seconds. >> yes. thank you. it is difficult to reach a -- the precise standard that is defined in 19-h-d, and the recommendations of this board that a letter of determination be granted -- or sought from technical services at the building department. they don't really have a provision for writing that kind of document quite the way the planning department does. in the -- this certain circumstance, we went to the plan check division, we spoke with mr. duffy. he can confirm the analysis

that was done and that this structural work does constitute what would be soft story correction on this case. i think that we meet the intent of 19-h-d, and i would ask that this board grant -- overturn its denial and grant this tobacco permit. thank you. >> thank you. okay. mr. duffy? >> good evening, commissioners. joe duffy, d.b.i. at the last hearing, i was asked to give an opinion on the work at 4500 third street. that -- i didn't have that -- all of they see documents with me, which is why we continue it had in a way as well. so i'll just readout the

application number, and the permit, as you heard, was for the conversion of a liquor store to youth learning center and other various aspects of work. the value of the work is $350,000. the application is a form 8. it means it's an over the counter approval. it's currently in file status. it's -- it's been -- it's been through building plan check, mechanical plan check, intake, d.p.w. have looked at it. it still needs to go to planning, and it needs to go to the mayor's office of disability. now, the permit application and the plans are in the possession of the permit applicant. they haven't done much since january 2018, but i wouldn't anticipate that they are going to do this work and get the permit. the reason we couldn't review the plans is we don't have them yet. when that permit is issued, we will keep one set of plans and pop those in our records, the

applicant will get the other plans. so what we did was we spoke to d.b.i. structural engineer robert chung, and robert was good enough to give us an e-mail today, and i'll read that out. find it. so this is from robert chung, d.b.i. "this is a form 8 application. i have not had a chance to review the drawings because the applicant has the drawings. based on d.b.i. records, structural work consisting of sheer walls and hold downs are included in the permit work. thank you, robert chung." and then as you heard, we have special inspection for certain items for the enforcing steel, sheer walls and floor systems, used for sheer downs and hold downs, and there are other title 24 special inspections requirements on the permit.

this point, i'm available for any questions that you may have. >> that scope of work is not generally reflective of just sheer nonstructural tenant improvements. >> correct, that's right. >> it does sound like it's a seismic nature. >> i would tend to agree with mr. boskovich, that it looks like they're anticipating that they're going to be part of some future program, maybe an extension of the soft story program, and if you're going to do work at a property, it is a good idea to upgrade the structural work -- the seismic work in anticipation of that. you don't want to do a tenant improvement and then in five years' time, d.b.i. says you're a part of a program. get it done while you're ahead of it. it certainly sounds like from the inspections and reviewing the plan, speaking to the engineer at d.b.i., it does

look like a great beam and sheer wall systems are being incorporated into the building to help with the seismic work. it is a change of use, as well. as you know, it's not a change of occupancy, it's still a b-occupancy, but it is a change of use. >> okay. thank you. one question, inspector duffy. so considering the scope of work that they're planning on doing, we can assume that there is definitely going to be mandated seismic upgrade, right? >> no. >> no, there is not? >> nothing. >> okay. >> looks like they're -- the d.b.i. as part of this permit is not saying it's mandatory. it looks like they're getting ahead of themselves. it could be mandatory in the future if they're caught under the umbrella of the program. i have been contacted by the health department. i think d.b.i. should have been involved in this a little earlier, but i think we're setting up where the health

department will use us as a vehicle for trying to find out if this would affect the relocation of the license. >> i.e., pin cushion -- i'm just kidding. thank you. >> thank you. >> sir, can you move away from the front door, please. thank you. okay. we will now hear from the department of public health. mr. patrick fosdahl. >> thank you. good evening, board members, my name is patrick fosdahl. i'm the assistant director of the environmental health branch. the third time you're hearing this case before you. just as a quick reminder, san francisco health code s-h states that retail tobacco permits are location specific and can't be transferred or assigned to a new person or location. so when the tobacco permit issued for 4500 third street was issued it couldn't be moved

to the new location at 4522 third street which triggered this whole thing that you have before you this evening. the health code does have a provision which we -- you kind of just all went over here regarding the exemptions to the -- the health code. specifically, and i'll read it here for you, an owner of a retail food store or tobacco shop holding a valid permit was relocate under the building code may -- [inaudible] >> -- so if the department of building inspection is saying that this relocation was the result of a seismic upgrade under that provision of chapter 34(b), then, the health

department's position would be to grant the exemption based on that. we're not the building department. that's not our call to make. that's for them to make and let us know what that determination is. >> thank you. >> did you hear the stuff related to the building department whether it conforms to the exemption or not? >> i think if we can get something in writing from the department of building inspection saying that they've reviewed it, and they believe that the work involves seismic upgrade, that would qualify under that section, then we would take that, for sure. >> thank you. >> okay. is there any public comment on this matter? no? okay. since there's no other public comment, commissioners -- okay.

if there are other speakers tonight, can you please get up in advance so we don't have to wait, and stand against the wall. thank you. >> hi. it's me, again. hello again. i just have to say, that this has been a very tedious process, and i know it's much more tedious for you guys than it is for me. something, you know, it really concerns me that these departments don't work together, number one, and especially when they have ordinances that overlap each other. it seems like the department of building inspection and the health department don't talk to each other. they don't even have an updated website, so i guess i can't even really press for that. but even bigger than that, they don't even come with the information that anybody actually asks of them when they are requested. they come with the same recycled information that they had -- and in the -- i'm sure you guys remember me from the

last several times. i finally got the e-mail from the lady in the response to the public records request, and it was the same exact letter that they sent to you, which was kind of like okay, if she had the information, why didn't she send it? i really just think that they're playing games continuously and not even staying true to the ordinance as it was written. they're not updating anything as the city's set forth in the law. so, i mean, how can you enforce something if you're not even staying up to date on something that is so vital to people's income and the vibrancy of a neighborhood? thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. my name is doris simpson, and i'm a long-time resident of bayview-hunters point.

what i heard, what i thought i heard, that there was a possibility for you guys to approve this today, and then, when you started asking questions, it seems like it -- you need a piece of paper to go forward. and i've said this before to you, commissioners, this store should be given an award rather than being put through when they're being put through. they're more than just a store. and i don't understand why it can't be grandfathered. it's only two doors -- i hear the law, but it needs to be amended. and it seems to happen in the

southeast section because the same situation has happened, and it was granted so i'm asking that we think out of the box and make this happen. i'm 85, and i'm tired of coming down here for this samuation. it needs to be addressed. it's not fair to them. all of the other markets on third street is allowed to sell cigarettes. so if i'm smoking, and i'm hooked, and i need a cigarette, i'm going to go to supersave and buy my cigarettes and the rest of the stuff that i need, and that's what's happening. they're being put out of business because they had to move, and it was not their choice to move. so please think out of the box and make this happen. >> thank you. any other public comment on this item? okay. commissioners, this matter is

submitted. zwl question f >> question for mr. duffy. >> please move away from the door a little bit. thank you. >> who did the department issue a letter to d.p.h. regardtiing the scope of work in the plans? >> it's hard to do that. we're at the mercy of the permit applicant and the owners. the people at 4500 third street have the plans. they have a filed permit. i do not believe that the building code, san francisco building code is going to require mandatory seismic upgrade to that building at this time. that's the interpretation that i read of it. whether technical services division will do something different. without the plans, it's really

hard for us. we're not in a position to review them because they are the property of the property owner. we don't have them yet, so unless they voluntarily come back to d.b.i. and review the plans, they would have to be asked to do that. that was discussed, by the way, with mr. paul and d.b.i. i let him know that a couple of days after the last hearing. >> isn't it possible that a change of use, in this case, from a retail store to a youth center may be a change in occupancy because a youth center may be an assembly possibly? >> i did check that, and according to the file permit, it's an existing b occupancy, and the proposed is a b occupancy. i think the only thing is that the seismic work that's being done in occupation of a future soft story -- it is a corner building. corner buildings, as we know

are vulnerable in earthquakes. we think that it will eventually get to these types of buildings as mr. boskovich said, so at that point, it would become mandatory seismic work. so -- but at this point, with the -- there's no change of occupancy. there is a change of use. the building code does not trigger it for that work, okay? >> okay. thank you. >> thank you. >> yeah. i have a last question for mr. boskovich. both soft story upgrades are utilizing frames, aren't they? >> yeah. it's a little surprising they're not -- >> sheer walls usually reflect a seismic upgrade. >> oh, absolutely. the only reason you're putting in sheer walls and hold downs is you're providing lateral

strength to be equal to the story above. so they're advancing the retrofit of a future soft story retrofit. it's coming. there's no other reason to put a sheer wall on a first floor unless it's a soft story. >> my question was a sheer wall -- a soft story, normally, they're putting in a steel frame. >> you're allowed to do -- the soft story program only allows two different types of retrofit, plywood sheer walls or steel frames. >> thank you. >> i've actually got a question for the d.p.h. you've been here a lot on wednesdays, haven't you? >> yes. >> so my question is, in the language specifically regarding 34(b), could you go over that

one more time? >> sure. it says, an owner of a retail food store establishment or tobacco shop holding a tobacco sales permit as of the effective date of this x is, s-h.6 must relocate under chapter 34(b) of the planning code may reply -- >> so 34(b), what is 34(b)? is that the building department -- >> yeah. >> inspector duffy, thank you, would you give me a little clarification on 34(b)? sorry. >> all right. >> their language says that they can move it over if it's subject to 34(b).

so what is 34(b)? >> well, that's the -- that's the change of use-change of occupancy. so i mean i don't have that documentation with me. this is a health department appeal. if there's something on that -- you know, i have the building code with me. if you give me a few minutes, i can look that up. i'll be honest with you. i get contacted by the health department on an e-mail the other day, maybe three days ago about this, looking for directions, someone in d.b.i. to contact. the lady's right, the public. if there's something in our building code and there's this ordinance, why wasn't this -- now, we are going to set something up, but this is the first that i'd say anyone at d.b.i. ever heard of this. i've never heard a tobacco license case or anything to do with our department, but i think it does happen. i can look up 34(b) for you. >> no. it sounds very vague. >> i know.

>> at least for me personally, i'm leaning towards, but we have to have some kind of solid base on this. i'm not trying to throw the department under the bus. >> yeah, i understand. i do think you really have to look at the soft story aspects of it more than the mandatory seismic upgrades for change of use or occupancy which in this case isn't happening. >> okay. >> okay. >> thank you. >> any other questions? all right. so it's over. thank you. as a design professional, when i hear the term "sheer calls ", "hold downs," "gray beams," to

me, that makes me think of soft story. the fact is that any type of improvement like this is a seismic improvement to the building. it's my opinion that the exemption comes into play, and i would move such. >> i also concur. when you use the word "sheer wall" it's a type of wall, how it's used, how it's framed in the span in the center. otherwise, they would calling it panelling. so to me, especially with the word, the terminology "hold down" constitutes seismic or structural upgrade. if there's no other further -- i'll make a motion. >> i'm going to move. >> okay. >> i'm going to move to overrule the department