>> okay. good evening and welcome to the september 11, 24 meeting of the board of appeals. president lopez will be the officer tonight and joined by commissioner swig, trasvina and eppler. present is city attorney he or she who will provide legal advice. i'm julie rosenburg execute ever director. we'll be joined by representative from thes city department will present this evening. up front tina tammy the za representing planning. and kevin birmingham building inspector. the board meeting guide lines requests you turn off all phones and electronics so they will not disturb.

no eating or drinking. rules of presentation are appellates, permit hold and respondent everspantdzs given 7 minutes to present and 3 for rebuttal. people affiliated include went 7 or 3 minute periods. members of public not affiliated have 3 minutes to address the board and no rebuttal. time may be limited to 2 minutes. there will be a 30 second warning. only 3 votes are required to grant appeal or determination. if you have requests about rehearing the rules or schedules e mail staff at boardofappeals @sfgov.org. public access are of importance. sfgov.org is broadcasting and streaming live and we will have the ability to receive public comment for each item on the agenda. sfgov.org is also providing closed captioning. to watch on tv go to sfgovtv

channel 78. tell be rebroadcast on friday's 4 p.m. on channel 26 a link on on home page at sfgov.org/boa. public comment can be provide in the 3 ways in person, zoom, go to the website at sfgov.org/boa and click on hearings. public comment can be provided by phone. sfgov.org is broadcasting and streaming the instructions across the b. screen if you are watching the live stream or broadcast to block your number dial star 67 and then the initial dial star 9 equal to raising your hands. you will be brought in the hear when it is your turn you may have to dial star 6.

2-3 minutes depending on the length of the agendaful our legal assistant will provide you with a verbal warning 30 seconds before your time is up limp is a delay with live prokeying and what is on the stream or internet. reduce or turn off volume on tv or computers otherwise well is interference. if the participates on zoom need an akamm commendation request in the chat box. the chat function cannot be used for comment or pregnancy. we'll take public comment from those members physically present here. now we will swear in or affirm all who intends to testify am any member may speak without take an oath. if you intends to testify and wish to have the board give your testimony weight.

say, i do after you are sworn in. do you swear the tum are about to give will be the truth? >> okay. thank you if you mean are a participate and not participating mute >> item one general public comment. in the jurisdiction not on tonight's calendar. is there anyone here for general public comment. i don't see anyoneful anyone on zoom? raise your hand. i don't see. we'll move on to item 2. comments and questions. >> commissioners? >> i wanted to say you know to acknowledge today is september 11. a date impossible for the mind to gloss over employmented to acknowledge the victims, the victim's families of those lost 23 years ago. which includes many native to

san francisco in the bay area. including people who were on flight 93. we will agree are heroes doing had they could to reduce the tragedy of the dame i did want to state that and state that they near our thoughts and i wanted acknowledge them. commissioner trasvina. >> thank you for giving those important words. i also.ed to add from american flight 11 the flight aupon tendant betty wong the first to communicate to the towers what was going the horrific situation going on. george washington high school graduate and proud san francisco and her family and everyone is proud of her. >> okay. is there public comment on this

item? >> any public comment? raise your hand. i don't see public comments we'll move on to item 3 the adoption. minutes. buffer discussion are the minutes of august 28, meeting. >> commissioners? a motion. >> motion to sept minutes. >> okay. is there public we have a motion from commissioner swig to adopt the minutes from the august 28 hearing. is there public comment on that motion? anyone in the room? nobody on zoom. on that motion, president lopez. >> aye >> commissioner trasvina. >> aye >> commissioner eppler. >> the minutes are adopted. >> we are now moving on to item 4. the election of the vice president. . since former upon vice president term ended it is necessary to

elect a violent. are there member who is would like to nominate for the office of vice president. >> yes , i would like to nominate commissioner trasvina for the office of vice president. >> okay. commissioner trasvina are you willing to accept this position? >> yes. honor to do so. >> okay. thank you. is there public comment on this motion to nominate commissioner translate vina to the position of violent. i don't see anyone on zoom. so, on that motion, commissioner trasvina? >> aye. >> commissioner eppler. >> aye >> commissioner swig. >> aye >> that carries 4-0. congratulations. >> we move on to item 5. >> this is appeal 24-0044

rafael garcia issuance on yell 12 to rafael notice of violation. the subject property is authorized for single family use the violations pertain to the group house use. creation of 4 inn authorized units parking in the required open space. new metal fence and it is building shed at the front of the property without permit from planning. this is complaint 2023005472. and we will hear from the appellate first. i believe his daughter was would be representing him? please, come forward. if you could identify yourself for the record, thank you. >> will you translate for him?

>> correct. >> okay. >> we'll give you -- giving you double the time since i understand he does not speak english you have 14 minutes to present your case. >> i'm perry. >> garcia sanchez. i'm son-in-law. we are here to help rafael because we have been helping him through the planning process and the permit process. and today we had intake approved the plans as long as we were able to make them public. when we did the paperwork there was something not checked right and asked as long as we make them go through today as long as you check we make them public and jennifer did that today. we are trying to move forward and make these i'm sorry. we are trying to make this legal

for 4 unit that is the push now. that's what the drawings are at this time. >> okay. you have 13 minutes do you want to address. >> correct and the reasons why we originally tried to get it permits was that there was a tenant that was not a tenant it was a squatter. a tenant's relative stayed in the unit. and we were not able to get drawings. we needed to get in and every time we gave them notice, they would not let are us in and made a complaints with the police. we have all the records that matched the notices. with the police complaints.

what he said is going on since the beginning about two years ago. has been dealing with attentives are not tenants. to the city. because they never been to begin with and they -- created a bigo issue for himful we are records to correct the correction the city asked to correct. every time we try to answer and put a notice we were met by sfpd. we have phone records and the calls and papers and notices to enter. and we were denied entry. they did that on purpose. they would not have to [inaudible] it has been two years living rent fry. going through health stuff and dealing with them daily.

it has been hard on him and everybody. and pretty much since day one he was never aloud entry. there is proof to that he has 3 wents that are signed up to help out and witness in his other court stuff because tenants live there and they offered the supportos him and if they need us we are here. and -- we met a lot of inspectors from the city. they have been witnesses to the police called on this every time we fix something. and never been able to get anything done since day one. >> okay. >> that's what is going on. >> okay. mr. sanchez want to add. he will speak in spanish. if you want to intercept for him you can. >> [speaking spanish].

>> he just wants to see if any way the city can help him and resolve this he wants we want to move forward we want to get this all behind us and get everything fixed the way it is supposed to be but we don't know where to go now. >> okay. thank you. >> thank you. >> i see a question from president lopez. >> i think you for being here. i wanted ask you mentioned i guess to layout some backgrounds that we we are really here about the permit appeal and can't -- >> what is relevant is the plans that you mentioned.

i wanted more background on you did say that there was plans that had intoundzs like they were worked on recently and if you could tell us you know what the time line is. have they been shared with the inspectors and the city. and what the developments have been westbound that. >> so, sf planning responds before we came here and they gave us a 202400 upon 7578prj that is our number for our what we drawings and everything we gave this them and the form. on the prj they wanted a correction, which jennifer saying she wanted us to update to yes, rather than no we can

put it public otherwise tell take longer. now since we are going public it is supposed to move quicker. rather than sit on someone's desk now. that is as much as we know that came in at 4:15 p.m. today. >> thank you. why we have a question from vice president trasvina. >> thank you for your presentation. if you can help me understand the time line. in generals. i don't expect specific dates. for the past years you had the squatters, when were the units built? >> from what i know the units were like that when he bought the house.

do you >> when he built it. >> bought in end of 2014. >> the units the 4 were already there? as it is. just as he bought it. >> thank you. >> thank you. i don't see questions you can be seated. gentlemen, if you would put your name on the speaker card i have mr. sanchez, so we get your names accurate for the minutes. thank you. >> we will hear from the planning department. we will wait until -- we finish.

thank you. you seat now. thank you. good evening president lopez and vice president tras vin amembers. i'm tina tammy deputy za. 1465 oakdale avenue is a 2 story single family dwell nothing rh1 zoning district. construct in the 1926 the property is a potential historic resource. appellate garcia the owner of the property. mr. garcia contesting issuance of notice of violation issued on july 10th 2024. on july 29 of 24 mr. garcia filed the appeal. notify violation out lined planning code violations

including ill willing construction and change of use. based upon recordses the property has been converted to multifamily with a toll of 5 unit on the property. the following is a brief out line of our investigation. in january 2014 the dbi issued nov for 3 unauthorized units. in 2017 mr. garcia filed a corrective permit to address it by removing the illegal kitchens and bathrooms. dbi issued the permit that year. however mr. garcia did not perform the corrective work. not only did mr. garcia not perform the work stated in the 2015 permit to address the dbinov removing the illegal units added one more illegal unit converting the storage shed at the front to a dwelling unit.

on july upon 11, 2023, a joint task force inspection lead by the city attorney's office was construct conducted. planning, building and public health for present. there are total of 5 dwelling units one legal and 4 illegal on the property. in addition to the planning code violation building codes plumbing code, electric code and housing code i have lagszs were cited. some of them include illegal wiring and plumbing. lack of fire construction materials, improper flues and [inaudible] water heaters. water lines, proper heat and escape windows. mold in the bedrooms and bathrooms. peeling paint. damaged sealing and wall and lack of light and ventilation.

there are 12 adults and 3 minors the city of san francisco filed a lawsuit against receiveiel garcia sanchez on august 8, 2024. that lawsuit is on going with supreme court. in garcia's brief stated he is having issues with access due to >>ic and need time to bring tips prosperity in compliance. mr. garcia has known about this for a very long time. instead of take action to abate nov mr. garcia allowed his permit to expire and continue to rent out the illegal units and added one more on to his property. in the months after the task force inspection planning issued upon him notices including

notice of complaint. 2 of enforcement. between october 2023 and january of 24, planning department communicated time with general contractor. despite best efforts no application was filed. on february 27 of 24 mr. garcia informed staff he is working with a new designer. between number and april of 24, planning star communicated many times with his new aushth and designer. a deadline of may 10 of 24 was begin to mr. garcia to fight corrective perimism no permit was committed 2 months past the deadline planning issued the nov. on august 20 of 24 mr. garcia did try to file the project application with planning and staff to review and responded mr. garcia that his application

was incomplete there is no application filed or issued by the city on abate violation mr. garcia needs to fight complete perimism obtain approval work. it is important to note that he has the option to legalize all 3 of the through the a sdshgs u program bunkham state or local. any delays shows lack intention and violation on the part of him. at this time the department is requesting the board deny the appeal on the base there is is a violation on the property and the acting za who signed the nov did not error or abuse discretion in issuing it. that concludes my report. happy to answer questions, >> a question from commissioner swig. when i was reviewing the

documents and listen to mr. garcia, i got confused because well is a complaint seems like there is a tenant problem out of our jurisdiction. and has nothing to do with this appeal. and then there was this huge list of items you have clearly gone through. nathat break a bunch of laws. and certainly don't come close to matching statute in place for appropriate housing. and in any way or form. and -- on thought -- trying it get dlou this.

so, if this was a normal upon a typical situation where a long list of items you just listed coupled with a calendar of activities that you just detailed, it would be a slam dunk we would deny this appeal. because there is breech every where. so that's that. the conundrum here is that there are people involved who live in these spaces however here endous the spaces seem to be when i hear the words, infestation and mold. and dangerous plumbing and electric attal those are high risk and i'm sad for those

people who live in those conditions we hear from the owner who says i'm trying to according to him get the people to allow me to fix stuff. so my -- so -- i'm wondering what court i'm in, can you help me and may be you can help the appellate? so where should the appellate be having the conversation about tenants who refuse to comply with the request to help him make right the violations? where should he be. not here? where should he be? or shill ask the city attorney temperature is okay. you know.

what commission should he be in front of? to -- say i have tenants who are either squatters or getting in the way of me complying with the city request? i don't think it would be a city commission would be e vision proceedings and supreme court. >> those would be silv matters for him to resolve outside of city commissions. >> the argument which is presented by the appellate about his tenant problem is a civil matter not appropriate for this board? >> correct? >> i understands he made the argument but there is nothing the board can do to address that issue. >> i wanted make that clear. now turn, so i want the appellate or and his representatives to listen clearly on this. when i ask this question.

so, the whole argument about tenabilities in the way is a completely separate issue than the discussion about notices of violation and denying or finding support for appeal, correct? >> right. i'm here to say we identify the violation on the property. we like to work with the appellate on resolving it. so his property can be in compliance of the planning code. includes submitting a permit. documents his intention of when he wants to do whether he wants to keep all of the units all 4 units. will 5 units. or revert back to the original remember approved condition. jot reason i ask is i would like the board torhave this and i like to have the appellate here

in public what needs to be done so we provide the appellate with the support necessary to move forward that is their intent. with that list of all the things that you listed, that you gave us tonight, when does where is the tipingly point that a building gets red tagged and no longer appropriate for habitation? why is a building which is in bad continue and has so many violations still available for happentation? i'm not advocating red tag when is the tipping point? this is again for my sxejz the commission's education. . wheree tipping point when a building has so many violations that it is in longer

deemed habitable and red tagged >> the question, the -- violations i sighted earlier about illegal building plumbing, electric, the dbi building code. perhaps kevin can provide you with that response. we are saying if you do illegal construction work and change the use on your property, you need to go through planning that did not happen. >> right. >> so we have a 3 part action here. one attentives we can't touch. it is a civil action. 2 the piece around the building and habitation structure use.

is planning. you said that. and then now we compile on to mr. birmingham with he come of be prepared. to answer the direction to take and again the question of when is it -- when is it too far. and unfortunately what might create the not the eviction but e vision due to red tagging and closure of the building in entirety. thank you very much. commissioner tras vinasm thank you. in your presentation in the win materials. i'm asking what fame type of case we have the violations you

described are these 10 year old i have lalgzs or a violation after may 10th when the plans were in the submitted. >> the planning code are new for us. we were not involved in the 2014 notice of violation by dbi. brought to our attention in planning the task force inspection in july of 23. and i understand the testimony of the appellate he did not build the units when he bought property they were there. he did not change the unanimous he inheritted the use. that st. john'ses like that may have been the days. nov issue in the january and

based on his response purchases the end of 2014. >> part of the 2015 action with the city >> filed a permit in 2015 to address the nov the department issued in early 2014. he knew did he think when he purchased the property i'm was in disclosure in the 3r report. single family of he combuft nov sdpaemented address it by filing the 2015 permit. he neigh may not have create today the report owner you do have the responsibility for all aspects of property whether you did the w or purchased and someone else did the work.

the city new. issued an nov is it common for the city not to follow up. that is not a question i can answer it is dbinov. we planning learned about the violation in 2023. that's when we -- issued the notices of complaint. engaging communication with general contractor the designer, et cetera . >> from your department's perspective had has got everything together by may 10th. we have not issue today correct.

it is -- amazing but -- it this -- is is this00 oomph something like what happened on i think on telegraph hill, where somebody bought a house with thought was a single family

house and appied for a permit to fix it up and discovered by the city this is not -- a single family house. this is a -- 2 unit house. you all are in violation of making to a single family house even though they bought it this way. >> to you recall >> we have a lot of the similar case you mentioned. over thousands of enforcement case active in planning we issue many, many joy of violation per year. reason why we issue them is to encourage and to motivate the applicant to respond to us.

otherwise, a lot of times they don't respond. and we wait for a long time. >> i think you were sitting here for that case. it was a multi, multimillion dollars acquisition. and they went the people who acquired this single family house went to renovate it. and the city said, notice of violation you combined 2 units to one and bought it this way. we had no individual, yet that was a validation on the house. had twho addresses and combined and bought it that way that did not mean they were in compliance after discovery through a back door means. so.

that this stuff does happen. does this. when you put it in a question. does this happen regularly? >> we have a lot of different types of planning code violations range from illegal creation of units and mergers and illegal parking in the front set badge it is not unusual to buy a residence and find and think they bought one thing and in fact -- a couple years later they upon find that they -- were not in compliance with the legal use of that. even though they had done nothing. >> hope that helps you. >> i have a donees and i will wait for the debate and the question. >> president lopez has a

question >> thank you. can you we have the latest and greatest we heard testimony from the appellate that -- they have been in communication with your office or dbi. may impact when we are looking at this evening. >> thank you. >> it does seem like it is the appellate is correct he is communicating with planning department. which is a positive. once excepted the required information to make for a complete application and assign it to a plan and to process and hopefully approve.

would -- great you are working with us and we like that. in the events you are not working with us, you either -- stop talking for us and request for information and securing an amrufd permit and not executing it. not completing the work that is state instead permit. thank you we will hear from dbi.

good evening the property has been a single family house purchased as one it was illegal at that time he purchased it knowing it was illegal. housing violation issued the no very close from dbi. did get work done and it flounders in -- you know nowhereness it sat there and a task force meeting on august 15th 2023. the plumbing health and planning part. planning went out. nov issued to obtain a permit to protect it.

there was as far as the storage shet shed at the front converted since the purchase so -- we are waiting for them to get a permit to legalize or remove it or change it become to the original use. as far as commissioner swig's question when we issue a red tag it would be in a very serious compromised orb fire or health situation. that would be issued by housing department and health department. building department would not step inform our concern it is save for the people and the building. we can go either way whatever planning decides.

commissioner swig? just a follow up question. how close is this building is this building close to that tipping point? of being red tagged >> it is solid >> it is fine so if it was really is structure more than faulty wiring. >> yea. thank you i don't see questions you can be seated. >> thank you. why we will move on to public comment. anyone who wants provide comment. >> anybody on zoom. raise your hand. we will move on to rebuttal. mr. sanchez you and your representative can come forward. you have 6 minutes to address the board.

i want to add that we did try to get a permit in october. housing sent planning planning said we account not get a permit until we had drawings. had to have drawingos the demo if we demo out the units and if we will make the legal we had to have approved drawings. there was architect because of the whole situation there was -- wild the way we could not go in. and she stepped away. we had to find somebody else.

prior to what lead up to us being here today. back 2 years ago when this happened. all were created by two people who were attentives others who live there are supporting and their office supporting court and daily. two girls not attentives who intried not to allow him to fix anything. called the police over 30 times.

we were both cuffed before for -- phone calls. prior to them -- everything was. about it. heavings aware that it was illegal but online. for sale it was multiunit. i don't know why. you can be seated. and we will hear from the planning departmentful stain

stamp. i don't have much more to add. i will put up visuals to help provide clarity. as to the property. this is street view look at the property. what you see from the street is -- a storage shed in the front. a gate in the structure that setback from the street. this is the arial view of the property. showing the storage shed at the front. and an upside down well at the back.

the 2 store building in the back. this is a single family residence. unit one on ground floor. unit two on the second floor of the studio. units 3 i think this is where the appellate resides 3 bedroom. we believe there is a violation there was illegal work and change of use. we want to work with the appellate to resolve it. to abate the violation and bring the property to compliance. with the planning code. nothing more. further comments. >> thank you we have questions from commissioners swig and

eppler and vice president trasvina. so -- if -- if -- for me there is violations. you if we deny the appeal, what good happens? hopefully he works with the planning department and getting a permit issued. whether to legalize or remove the units. and then proceed with building to get approval. and doing the work we am monitor

that process. from permit review to issuance. to completion. hopefully there will not be delays like in the past. hopeful leave -- we can see progress made collecting building code violations. wiring and heating that good stuff. if we accept the appeal is there good this come out of that other than the appellate is released from this heavy burden. what is the good that comeute of finding for the appellate.

>> the good? we would need to know -- did we make a smak is there no violation, are we wrong in saying that the units are illegal are they legal. are you saying they are illegal. need to clarify that. i hope that would guide us in figuring out what we should do for this property. jot fath -- so -- the path for a better conclusion in your opinion would be to deny the appeal because you can take patrol official low to bond with the permit holder. and to move the permit holder forward to fix the violations on the property?

that's positive. is this a positive resolution for yourself >> it is i want to go ahead and be more clear the notice of violation is finaled. by the board. does allow the planning give penalties. be to a thousand a day for -- i have lagdz that continues on the property. we have not started the upon penalty because of the appeal and we hope not to -- start the penalty as long as mr. garcia continues to work with the planning department. >> this is not. no.

mop sean issue because fixing all this stuff is going to cost this appellate a significant amount of money. you add penalties on to that it gets excrewsiating. so -- can -- if again we were to deny the appeal, and what is the sensitivity about financial issues and from the point of view of the planning department and mr. birmingham can address it from dbi and the same when -- sensitivity and compassion about compassion, use that word about understanding the significant burden that will be placed will be place on the permit holder.

we will develop a time line so we see progress on the other units we have i don't think he has issues with all tenants. we hope he is show good faith effort in making progress. in collecting his property and units. when he has access and work with him on a separate time line, perhaps with remaining units where he has the most challenged as long as there is progress we would -- would feel encourages

there is good faith effort and intention. why as long as your evaluation have to do with good faith and progress? as long as there is good faith and progress and efforts that are made to right the violations then you will be cool and compassionate about that not you the department will be cool and compassionate to invoke penalties. that's correct. that's how we operate. we work with folk sxments to help educate and furthermore what is required and provide them with time.

commissioner swig asked all the questions i had it help it is speed things up. sounds to me that your discretion, if we deny the appeal. the i have loigz is there with the department's discretion yours or your staff to impose sanctions of zero or up to a thousand dollars. if we granted the appeal, and we took on good faith that mr. garcia was going to continue with the numbered applications this he described they got from

the city at 4. . 15 today and pursued that, understanding there are other issues that are unrelated all of us. they are out there and that caused delay. that if, if the person for some reason he abandond that application. or if that application was approved and down the line there was a problem. could issue another notice of violation. even if we grant third degree appeal? is that right? issuing the violation. and the work is not done the property remains for another

year or 2. attentives on the property living in illegal conscience. and -- affect the lawsuit. i'm not sure >> you come back and say. the situation has not changed and you were with me in assessment of 2024 you should be with me later. >> okay >> great. thank you. anything further from dbi? skw good evenings. to let you know the complaint welcome to a hear thering was an ordof order of abatement on the property. he will incur penalties from code enforcement not close to planning. once planning afroufed whatever

mr. divorce i can't recall decides to do it will come to the building and we will travel through plan check and so. could be awhile before wee he gets plans issueed legalize the property. but there are also fines from code enforcement. nothing what the planning would issue. >> thank you. commissioner swig? are those fines or other penalties fees, is there discretion from the department to at any point, remove those fines or penalties? >> at discretion? i know we i would be a rare case it is to pay for the clerk and the work that has been put n. at that stage we could freeze it where it it is now which is a thousand dollars. not a lot of money. we could put a freeze on it.

we never wave them that covers the cost of the clerical staff and director's hearing and mailings and research. so, the work that has been done >> recapture >> thank you for that. >> thank you. >> no further questions. >> commissioners this matter is submitted >> commissioners start at the other end with commissioner swig. this is a difficult and emotional case especially for the property owner. who seems to have been abused attentives that is a separate issue and not under discussion for this evening it is a civil matter. i think we dpo the property

owner a favor. by denying his appeal. and clearly there are -- the violations are valid. they have been in place for a long time. the task force study. the permit hold exert property owner benefitted by us and denying there are appeal because as -- we have heard, then they can -- they can join hands if

they are act nothing a constructive fashion with the planning department. and i'm sure with dbi. and get the direction and the counciling to move forward in a proper fashion. also, there is a the understanding they have a tenant problem. we heard from planning department. they would understands them problem exist and a work around that problem giving time for the property owner to resolve that problem. so what i hear is a helping hand what i hear is support. and if in fact we deny this appeal there is no doubt the notice of violations are there. this is not, this is not really hard to dicipher. so, i -- would support denying

the appeal. on the base you that the city issued the i have lilgzs in a proper fashion. thank you. >> will i agree. i want to express sympathies for having to deal with a horrible tenant problem that was well document in the our materials and we understand that when dealing with that it is hard to do a lot of other things that need to be done. you know i understand how it could have exacerbated the situation in remediating the issues with the properties. but they do need to be remediated and our standards review is not our normal de novo it is whether or not the department aired discretion. and it is clear that there is no

error that the violations do exist. and of i do than the department has not abused the discretion. they want will f to remedy the violation on the property in in a sensitive manner given the circumstances. and i feel comfortable with that. and thus comfortable in denying the appeal. >> i appreciate the compliance and the presentation by ms. tammy with planning that is very important. compliance is important. it is taken awhile. it is not clear to me that the current homeowner caused the problem. seemed to have received the

problem, tried to do something not clear why he stop or the city stopped at that time many years ago. we are here now inspect 2024. the there is while we are somewhat taking notice of the difficulties that are going on with the tenants. it is not clear to me that they are nonpaying within the record we received. we are what appeared to be money orders and checks paying rent. for some months. may be not all or enough. but there are some revenue coming in from the tenants that's what it appeared be they are not parties to the matter. i am comfortable with the approach that described by the city going forward. i believe that will help. keep this on track. and if in fact between the plan

and dbi the fines are small they will compare to the monthey'll be needed to dot work to get to place in compliance and compliance is what is critical. i will join my colleagues in denying the appeal and encourage torn get this work completed. >> yea kitch agree with my colleagues. i think and i want to express sympathy to the property owner. i think we have -- we heard a lot about the difficulties that you face. it is hard to do work on the house if you are in cuffs, right? and i think we all understand that. i think we at the same time we are limited in the relief we give you because the standard to

side with an appellate in the case like commissioner eppler said is that the department abused the discretion. wield say that the violations don't exist. that's not smb something we do based on the record before us. your argument is we than thereupon is a problem we can't fix it. and within the scope of what we can do, we -- like we said in the beginning we are limited to does theed problem exist or not and got get in issues why it can't be fixed or the deputy city attorney told that yous is directed to eviction proceedings and i encourage you to considering that route if you have not taken that route, that is outside of the scope of what we can do to help you this

evening. i am encouraged by the words of ms. tammy at planning. and i trust that approach. i think the city acknowledges various forms we need housing units and compliant housing units. and i don't have a doubt that if the building owner does what you can -- to proceed. i understand -- sympathize with sometimes a situation gets trick that he is hard to find good help. you described having to find a different you know source of assistance with the design.

do i have a motion >> you had a motion from myself. i wanted add one thing. i want to thank ms. tammy. for her understanding of the s. the -- alternative which is not unusual would be we will 90 hell out of them when we heard upon tonight is we understand the situation. we are -- supportive of the property owner in this case and as long as that property owner plays in good faith with us and

takes action we are not going to take out the big stick and be punitive am i thank you for that attitude. and i like to -- be the property owner to understand that -- this is not the enemy. the enemy is not these departments. i think you gotta couple people you are dealing with in court this may be the enemy. the departments are here to assist you and help you and help you move this through. and -- they are in no way punitive in moving this thing forward. so -- please work. tell work out as best as it can. upon my motion was made. thank you. >> so commissioner swig add language to your motion. that the acting za did not error or abuse discretion. okay. >> thank you. >> okay. thank you. we have a motion from commissioner swig to deny the

appeal andup hold the nov on the bases did not error or abuse discretion and it was properly issued the violations exist on the property. on this motion president lopez? >> aye >> vice president trasvina >> aye >> commissioner eppler >> aye. >> so that motion carries and the appeal is denied. we are now moving on to items 6a and b. >> 24-4043 filed by jason filippi. and 45 by steve bain and andrew guard. 4000, 21st street. ateration permit.

foundation and shoring for retaining wall approved on the application. and the permit appealed is 20 tor06033554. we will hear from mr. filippi and mr. turschl first i believe they have a representative. >> okay. you decided you want? okay. go ahead. welcome. >> hello i'm steve bain the owner of 4006, 21st street. my husband and i filed this appeal. i'm here to request to you revoke the permit and sends the property back to the drawing board for this. might seem #when you consider of the actions that the owners

taken, i continuing is fair to do that. the permit under appeal considered in relation to a large are project on the property. that project is to demo and rebuild the home and add an additional floor. from the beginning when this project was conceived by my neighbor, he lieed us and provide incorrect information to planning and the planning commission. we believe he is agregesly pertaining to the preapplication meeting and notification for the neighborhood. we believe manipulated to ensure neighbors never received appropriate notification. robbed us of ability top have input to planning about our concerns for safety and design of the project. we found out about the neighborhood meeting an among

after it occurred in november of 2021. in a conversation this we had. verbally [inaudible] met neighbor and riffing the project and how much they support today. found out no one attended the meeting. there was no meeting other than him dp his architect the sponsor at the meeting. we mead this clear we have not received information about the project. and we requested in writing he sepdz us details and never provide information. we thoughted he was lying about the meeting did not believe it occurred we did ask him to send the information so we could see what the project was about. the project application was filed 10 months later in september of 22. they had 10 months provide to get input and address concerns and failed to do stow. we never received a notice about the projects and did not know

they were moving forward until a notice by planning in member of 2024. a year and a half later. >> we brought our tissue k other than to attention of planning the project planner and her supervisor. they told us it was too late toe provide input in the project. and our bet go before planning and it is discuss our issues with them. by this time plans department commolested the review sxrmding this planning approve the project program deposit appear to be anything we could tell them we went in front of planning. in preparing for the planning commission public hearing in february and april, we started to see what is incorrect data provided to planning. and i believe some of it was fraud.

the premeeting notification had wrong addresses. not a correct address for any properties adjacent. they had two addresses they could have notified us. one was upon building next door we keep an appointment or other mailing address for our building and neither one addresses received a notification. in addition we saw when we started dig in the project saw this permit that was currently under appeal overnight counter permit despite the fact excavation up to the building there was no shoring with it. someone from planning or department called and change today to a nonot c project the permit was issued without a shoring plan. in addition to that, demo conciliations for large are project purpose inaerate.

the project is a demolition and numbers massageed keep went threshold not a demolition. the reason i bring it up i can't understand how this got through planning the reason i bring thumb is they have another project to demo the house and rebuild a newhouse tell dot same with had permit excavation up to the property line to our build thering is no instance between our and it is property line the buildings are next to each other. so, issue we have a lot of occurrence about this permit and what they have done but the what will come when they demo the house. rebuild the house. went before planning raise concerns and did not address them. and did not ask questions. they appeared other than interested in making add an adu

the i understands the planning department put work in the project and resistant to change this late when they are presented with evidence and not followed the press. and provided false information should they reconsider recommendations. with regards to the permit our neighbors started without a shoring plan or notice to us. we became correspond the retaining wall chipped away and filed a complaint. dbi stopped the work and required a shoring plan. that's the permit was issued they removed more of the retaining wall.

would you pass this up? i tinldzed to sorry, bring a single piece and use a cutting board and mack it and show youow brittle it is the sheriff cadet that the security station did that for us by dropping it on the floor. this is the no one the marin head lands red shirt. it extend in a bands from the down through the center of the city to bernal hill. and it is rable low brittle rock. okay. as stated in the permit holder's response, they got a shoring plan now. they got -- technical experts of the highest order telling them how to do temperature that does

not mean that this guy will do it this way. we don't have an indication that this permit holder can be trusted do what he says he will do. the report that the shoring permit is based on is out dated. license is expired. this work was under taken without a permit in force. permit issued without falling through on the requirements of the permit issued which were that a survey be done and documentation and photographs included of the cannot properties at the time. i don't trust this guy and neither should the if neighbors. this is steve you heard from. this is his house up here. and i'm here with jason -- who owns the house here. both of the foundations are dug

under. and you know if these were really people this is a violation of property and extended excavation beyond the property line. but for what to what point? having a building permit is an obligation to the community. granting of a building permit by city and county of san francisco is an understanding an obligation to not only to follow the and obligations in submittal and documentation but to follow through. it is in the up to these two neighbors to over see this project and make sure it gets done. on may 6 when i saw this and took the photographs into chief birmingham's office, senior inspectors were out there and issued stop work orders.

is it really upon dbi be sure and dot oversight that is necessary to be sure that the two houses are protected when this chunk of the shirt is smacked away by this guy. having the documentation is not enough. we need to have indem nifkz and see some response from the report owner he will do thing in a professional manner. that will protect the properties. i suggest that this permit be rescinded and that this property owner start over. and proper low engage with neighbors and arrange for legal arrangements such their property

can be protect when this work is started back up again. thank you. >> thank you. we have a question from vice president trasvina? >> thank you >> wondering the lack of notice and involve am prior to the issuance that the other appellate raised is that apply to your client and it does. it seems that every surrounding property owner are received the neighborhood notification required by planning except for the 2 adjacent that were most impacted they were left off that notification. >> can you describe what is the. base for saying the permit was issued incorrectly. the procedural issues? or is it the danger that you described?

>> it is that the permit requires that part of this permit be documentation of the existing conditions of the cites and that the license holders that the technical report is expired. at the time the permit was issued. >> and are you also saying requirements of permit they are not following? or the problem was within their rep centation in getting the permit. >> well, given the fact that removal of the rock face occurred prior to issuance of this permit. and at the time that i took this paragraph they were removing material from under the foundations on the two adjacent

propertyos a steep scloep stleep say problem for the property owners. is the problem dbi needs to enforce the requirement it is of the permit or, now there is a permit issued i believe that the technical details of the expired license need to be protected the permit is valid. a permit needs to give confidence that the work can be executed without budget the properties or undo over silent or repeated vses from dbi staff who flow this should be limited. a lot behalf goes in the permit process is a trust in the good faith of the professionalism that people are going to follow

the documents that were presented. >> so if we had a motion to grant the appeal. a basis of that motion would be that the department did not have the appropriate documentation to grant it. >> that the low hanging fruit here, sir i would agree with that. i believe that there is a lot of discretion granted to this board. to act to use the powerhouse. i thank you upon i under no elusions the project will be done. we are not stopping this from we it gets done properly and done without burden on the property

owners or on the personnel of the d. dbi to baby sit this thing. >> thank you. >> thank you i don't see further questions we am hear from the permit holder. >> thank you.

thank you. and good evening president lopez. congratulations vice president trasvina and members i'm tom tunney counts for roman. permit holder and owner of the property at 4000, 21st street. before you is an appeal of building permit 20240 sick 033554. the question before of this board whether it was properly issued. >> i like to repeat that because you heard a deal with issues that have nothing to do whether the permit was properly issued we are happy to address the questions. will we disagree with much behalf has been said we have our own versions like to tell you some of this appeal is not about any of that. and about the shoring permit. dbi issue third degree to allow shoring work that will stabilize

the neighbor avenue property while his team does the retaining wall and other work in the rear yard that is first for an entry to new dwelling unit. the adu is the second unit in two unit project approved at r adu's property will renovate the family home the planning commission approved a cu for the project in april of 2024 i will get to that. first i like to show you the approved project and the area in question. so. computer. have the computer. this first is of the proposed front facade you see this is matching the height of the adjacent neighbor.

modest in scale and massing going to the side view on calling wood. the adjacent home beyond the rear yard is the other appellate. go to the directly show -- the work in the back you see the retaining wall. can to the next slide shows the rear yard. scroll down. yea. and hold that for a bill birch turn to the shoring permit and issuance, i like to provide our version of the back ground and summary of the project and the

appeal. the subject property in the upper market castro neighborhood rh2 zoning district. allowing co2u nitses per mrot lot in central neighborhoods large resident special use district. submitted his application for the project on september 19, 22. that was discussed by appellate. that was arch preapplication meeting. almost a year before that, the -- meeting was held the mailing lists were proper and were verified by planning. they were brought up to the planning commission and found to be baseless at that time there was no error in the mailing list and we used the searchs to provide the mailing list it is common place. from the xifth home is 1400 square feet with 2 small

bedrooms a family sized home with 3 bedrooms for visiting nephews and one day a family of his ownful >> from the start the application included adu in the rear. and the ad u would be enters friday the rear yard because of the work needed there. he submitted a second application. to add new walkways, decks retaining walls and relocating the rear door. this permit is what has been discussed issued in may of 2024. that is the permit that lead to the shoring that issued today. that rear yard permit was 19 house for careful review by dbi in november of 2022 and reviewed for 11 months. are because of the retaining wall shoring was considered by dbi when reviewing the permit originally. they asked for reports from a

licensed engineer licensed geeologist which he provide after reviewing the work no shoring was needed and issued the permit in october of 20 upon 23. put off the start of the w to avoid the raining season and risks. >> in the meantime continued to process his applications with planning staff guilty together they removed the adu from the project. staff deemed it ready for the planingly commission scheduled for hearing and recommend approval. at the hearing neighbors appeared and sunrised occurrence commission changed and asked for the ad toushgs be returned to the project. did so and the project wassar prove in the april of 2024. all of the issues i state were raised at the commission in two

hearings and found to be baseless at that time of nothing changed since about these concerns. inspector saw the site did in the think shoring was necessary and found everything in compliance with the issued permit.

>> the neighbor don't understand that he has interest as they do in doing projects safely. he is liable if damage occurs special knows that and hired professional and experienced team members to do this project. all license are product at

steak. mr. paul would acknowledge capabilities. these 2 opposed the project and 3 others sent support of the project. he experienced intimidation and bias from the neighbors. it is time for fighting to stop the project has been vetted as you see. 704 days since he submitted his application. it is long are counting the preapplication meeting and project design that happened then. neighbors recourse if they have concerns with the project than i can file complaints. for purposes of this appeal, we ask that he be allowed proceed with the adu. thank you. >> thank you i don't see questions at it time. we will hear from planning

department. >> tina tammy for planning department. 400, 21st of street is in rh2 zoning district the permit buffer number 2024060335 pie pie 4 fileod july 10 and issued on july 31st, 2024. no neighborhood notification is requires or planning review. the permit is for a foundation sequence and temp refer shoring for retaining wall that was previously approved under permit application, 202211176788. this 20 upon 22 permit is to create new deck and walkways

less than 3 feet above grade. replacing fence and gate and retaining wall in the rear yard >> this 2022 permit was reviewed by staff and issue on march 6 of 24. no appeal was filed for the permit. the impeachments are property owners at 378 and 400621st street. the issue about the excavation and foundation work will be addressed by mr. birmingham of dbi. however, since there are references and materials in the brief about planning review, of the conditional use authorization of a large are sized project proposed on the property i want to clarify this permit and appeal is for foundation and yard work only. the permit for the learning are sized project which is under a

separate permit. does include a third story addition that was reviewd and approved by planning commission on april 11, 2024. as part of the commission's consideration, and approval they did ask the team to modify the project and add a second unit to the project. the project team agreed to this. and has file aid permit for the adu. the associate permit for the large are project is being underwented review by dbi. not issued yet that permit associated with the cu authorization is not appealable to this board. again i like to point there are multiple purmetis filed for this property. two are relatediard work and two to an expansion of the building and addition of the adu.

if again this is for foundation andiard work only i have no other further comments because the planning did not review this perimismepted make sure you are clear know the different permitos this property. thank you we have a quill from vice president trasvina. >> thank you for your presentation. may be you can help clear something up. mr. paul showed photographs apparently showing excavation. prior to a june, permit s. that under another permit? how does that relate. this was filed in this year.

>> right n. july. were it summer reference 2022 permit for yard work, walkways and new decks. in the rear yard. >> you sought photograph. with the worker. that work. . s is it -- your understanding that work was done pursuant to an earlier permit. >> 2022. >> okay. and that type of work does it require neighbor notification? it does not. so, the and the the when -- the -- description of the neighborhood meeting of the wrong postcards and addresses.

what permit was that have been associated with? this one or another sfwhon i'm guessing the cu. the larger sized project. and not attached to this permit? >> that's correct. >> thank you. >> thank you i don't see questions now dbi. good evening am kev you know birmingham for building department issue before you is the shoreingly permit 2024 -- this is to a shoring permit associate with the 2022-116788 permit to dot work in the rear yard. this permit there was a stamp that said shoring under separate permit. a complaint was file in the 202

and the district inspector performed a visit. issued a correction notice to obtain the permit associated with the 2022 permit. that permit was submitted in june of 2024. reviewed by the senior are engineer. and deemed a tier one because based on less than 25% slope. went through the other appropriate station and checked again by another senior engineer who had issues. and sent the comments out to the engineer's record. these were addressed and the permit was issue in the july of 2024. on our around the end of july. the contract to start work oft shoring permit, but the conscience listed in the notes mainly there was no photographs taken of the joining intear

dwrors inspector noticed there were points on the other buildings and he told them to stop work and to obtain photographs of the neighboring property. to be clear obtaining the fraps is to the code it was listed by the engineer and to protect each other in case they are kgdz each other or damage to the property. there is an inspection requirement associateded with this permit a letter from the engineer states they have complied to all his monitoring procedures and photographs would have fallen under his preview not dbi up to him to make surety photographs had been taken and all the monitoring pointses sdmchlgz was garthed at point. we knowledge it was properly issued and think the appeal should be denied and allowed continue work.

we think that both parties do need to work this out together because it is in both interests. this work take place. >> thank you. we have a question from president lopez. >> sure. >> thank you for your testimony. you spoke to the prework. that it is in the a code requirement. >> there was testimony about the geo technical accreditation. status with you peek to this >> this is the first i heard of that. plans were reviewed bier two senior engineers i'm sure they valid caught it may be it is technical but it to be a matter of resubmitting updated certification from the engineer.

if it it is as described by one of the appellates that is not fatal. >> okay. thank you. >> commissioner i want to get more granular on the shoring plan. profits were from the engineer to keep an eye on. that requirement, is that made part of permit is there a requirement it philidelphia by permit.

if there is a permit shoring permit this has a shoring plan, you know this refers to a shoring plan. this engine ear can completely ignore that is at their risk >> no this means sequence in

place the shoring is reviewed by the engineers. would not be reviewing the photographs. we would look at the monitoring points which we consider part of the shoring engineer. but we are saying the photographs are more of a civil type thing to protect each other not really a structural requirement of the work. >> the shoring points are a code requirement? >> yes. >> thank you. commissioner swig. >> so my concerns in reviewing i want to go through and get claireifications, you said the work we saw the man take the break what he was doing. that was that did not require a permit? it was urn the 2022 however

thaurndz permit shoring permit required we told him to stop work and get shoring permit required. a per night do work but not without a shoing permit. a claim was they were heard it before we will hear it again. you are on my land! basically i heard the appellate council say, that they were excavating and across the property line. how does you know the guy who is using the pickax know where the

property line is? how could this have been established. give me comment on that. >> in the area he was excavating was away from the property line i have a picture as well. >> thank you. over head. here is the property line the building on 21st street. this is the -- the so -- he is 15-20 feet away from the report line. so -- would it be the begin he was 15 or 20 feet away from the property line the concern that the -- impact of the what he was

doing might impact that soil that would -- that -- might cause a collapse of the -- appellate's property. >> i don't think there are chance of causing a collapse. could have shaken stuff loose. he was required to get a shoreingly permit. he didn't. heave was not under mining the ajoining properties. >> so the -- the taking of the photos and i know where the photos are taken in the you look at a wall that is beautifully done special has no cracks you take that photo and then if a

crack happens to appear no cracks and that would -- somebody with merit. as far as city is concerned that is a civil issue? it is. you will never send an inspector to say, i see your crack. >> yea. >> good. >> a managed to protect sxhimgz everyone else. >> thanks. no further questions we are move to public comment is there anyone who wants provide comment it is the parties in here. we will look on zoom. anyone on zoom? i don't see public upon comment we move on to rebuttal. will mr. bain go first. you have 3 minutes mr. bain.

>> the mailing list was correct. i have the mailing list here for the notification it is in the correct. two properties had the wrong addresses and electric like i don't know where they pulled them not the property records. the other comment he made he experienced intimidation. i have e mails he may be trying to intimidate neighbors backing off on dispuce with regard to the applicant that is fault. i have e mails i could provide the commissioners that show that will sending e mails to threaten us in several ways he saw a picture of that showed the deathidation of the foundation of the under my building. he sent me an e mail concerning for my liability and anything happened during their project we would have exposure to be sued. there are things he sent me

regarding what i think is trying to intimidate. i wanted clarify that incorrect mailing i have the proof am never got notification for projects and this statement about us trying to intimidate it has been the other way around. thank you. >> thank you. >> we will hear from mr. paul? i'm sorry we have a question. combhrn we have a question for you mr. bain? >> so i'm going to ask planning on your behalf a question. related to we were -- planning is here. to instruct us what we are hearing and what we are hearing tonight is a shoring permit related to doing backyard work. >> planning was clear that community notification is not

necessary when it come to backyard work and the shoring permit. so, i understands i'm not disputing you. if and in fact i should have asked mr. tunney if there was a based on your -- your testimony that nobody showed up at their get together. and -- it is i don't know it is reasonable and customary and general low required that there be a sign in list to dispute that. in this case, i think and i will ask planning about this, i don't think there is a requirement to for neighborhood notification on this permit. on the bigger permit, yea limp is a requirement but i'm not sure that although you may be

right. >> it may not be applicable to this. >> i understand that the reason. sorry about that and i'm sympathetic >> the the reason i bring it up i'm trying to address integrity he approached neighbors with all of his projects you can't look at this one permit for the backyard work you have to consider the way he acted around all projects.

that is true but um the permit the photograph i showed you was over on this side where there was equal aim of excavagz and i benched jackhammering and earth removal directly long a property line and directly along a property line. two separate property lines.

thank you that is enough with the over head. it is true had on this permit that holder this property owner heads hired excellent people. i don't question the voracity of his engineering or shoring plan. i believe that every requirement of the mr. president should be enforced including the photo requirement this is on that permit. i respect his work and i believe he is giving good add voice to the property owner. i don't as mr. bain stated. we don't trust that this permit will be followed in a way that protects the property owners. i believe it is upon this permit applicant to approach booth neighbor in good faith. make arrangements and shoring contracts. make it clear that they are going to be protected without

having to baby sit. >> thank you very much. >> thank you. >> i don't see questions. we will hear from mr. tunney. >> you have 6 minutes >> okay i promise not to use all 6. the last statement from mr. paul we fully agree with that the permit the shoring permit has the requirements for photo surveys. we intend to perform those surveys. we wanted that requirement in the permit as part of the mean and methoded it protectsut. in our interests and interests to do this survey. fully intends to work did not start early before doing the surveys. it was the property was

monitored as -- has been pointed out the way it was supposed to and the work was preinspection work and work thursdayed by 2022 permit. in the beginning of the shoring permit. two inspector went out well and neither found any violation of either permit. at the site. we have done a survey of the properties. the neighbor lookings at the photographs the neighbor on 21st street, their building encroaches over the property line to roger's report there is no work proposed or done that touches the property line. the -- we have staked points so they know.

i think that is temperature i will say -- the note on the 2022 permit about shoring. was seen and known by plan checkers when they were reviewing the 22 permit. they didn't that note happened stay on the drawing but there was no requirement as part of that permit issuance that shoring permit be obtained that was not a condition of the permit. defense determined shoring was not require in the the issuance of this permit. not until later inspector saw the work. first inspector decided shoring permit was not necessary. it was the second inspector who came out and did. that was not found to be a violation of the permit that was

a notice of correction issued and he complied. with that i will. >> one second. there was no notice of correction. at this time. zero. the notice of correction which is in the exhibits only for the visual in pictures in the property. there is no notice of violation and no notice of correction done after two inspections of the work. >> up until >> thank you. >> okay. >> okay. that concludes. >> thank you. i don't see any questions. yes. commissioner, vice president trasvina. >> thank you. the issue of -- the neighborhood notification. >> right. >> can you confirm or deny that the appellates were not were

there or not there? for the meeting? they were >> sure. >> i was not there. there is an affidavit in the exhibit my architect is here. he conducted the entire process correct low. the 378 holing wood address represented by mr. jeremy paul owned by another person. we have been in contact with that owner during that time. we exchanged e mails and plans. and that person graham had very clear questions we responded. so -- we have done everything now, we used the service for the address. determination. mr. steve upon bain live in an apartment building with 3 units. i don't know whether he updated

his address to one of the three units. i -- really don't look inside my property only. i highly advise him to check the confident to cheng the address he had registered with the service. and check why that happened. i also. to make sure i'm not making add moll hop attacks or comments about my good neighbors this is not appropriate for this forum. so, i do stand by integrity and he thoroughness we conduct all of the entitlement it is over throw years. thank you that is you have >> going forward we heard from the departments and everybody here. a lot of permits and a lot of work being done.

not just this one but others. can you describe what you plan to do to communicate with your neighbors who are here on future and on going work on the property and >> actually i have already public low so that the department would cc invited both neighbors to negotiations, mediations. i tried my fwoeft fence with them. repeatedly. now if i would like to discuss with them. now -- i presented the plans to steve bain and his husbandeen before the neighbors meeting. i had 3d presentation over zoom schedule over of i thinker kelly there must be records there. they told me, they will oppose are any means necessary. now they are people of their word they are opposing any means

necessary and we are here. i respect their wishes and respect this forum. i'm not making comments on their character, pertinent because i don't consider it proper for this forum. but i'm public low reaching out to them. >> thank you. >> >> thank you okay. i don't see further questions we will hear from the planning department. anything further? no. and dbi? anything further? >> no. any questions, okay. commissioners this matter is submitted. >> commissioners will start at this end with vice president trasvina and move toward our left. >> thank you president lopez and everyone for anticipate nothing the hearing and submitting amounts of material. regarding this permit and the related permits.

i'm there is a lot of contradiction here and difference of views. emotions over, these are all seriously held vows as to what occurred and what compliance there is. i'm guide by dbi and planning presentations. as to requirements that have been upon are attached to granting a permit. and based upon what i heard from dbi and planning and what i heard now from the permit holder about his commitment to reach out to the neighbor it is on as this project move on, i don't find that the permit was granted in error and i would deny the appeal. >> >> i -- i may take this from a

different tact i think work needs to proceed on this. and in a timely manner. one thing that gives me pause is the notice of correction report. where there was an instruction given to upon take the photographs to sends them to the trop the building inspection adopt that do that before start of work and if they were not taken that has not been followed perform i think that i don't know if we can condition the permit on the photographs being taken in stlm happen any then everyone starts digs and it getingly din would feel comfortable begin that it seems the dbi at least on 724, 202 thought was appropriate course of action. >> i think the big issue is building of trust. permit was proper leave issued.

building of trust is something that we can't control. i don't take that lit low. i gift lefshth lecture you gotta live next to each other. do your best -- torment build trust. and -- my history with dbi we had many, many, many hearing on this subject but different addresses. and joe difused to sit where mr. birmingham has sat and he always mr. duffy is a very esteemed graduate of dbi and when asked, should we worry about or are should the appellate be worry body a collapse of -- foundation and dbi forgetting about the project. mr. duffy would say, no we are

very, very aware that this is a concern. and if there is concern by -- in the same way that was commoned and testified testimony was -- according. there was a problem they called dbi. somebody came out well is the back stop from the department if there is a problem call dbi. and they will see if there is infringement. i think commissioner eppler's suggestion we tag on the photo requirement is not if an issue if -- our -- city advisor legal advisor can say that we are over stepping and can't do it. it is just we don't like to

impose building in trust so we might be imwhich is over the line. i don't know. my concern would require the consent of the neighbors which is outside of the power of the permit holder. grown mr. birmingham if the commission is serious about that and mr. birmingham would have comments. it is interesting it was part of the condition in the first place. my concern would be there is an access issue. >> yea >> is it possible to put a time loyalty that to take place? mr. birmingham? can you ment on my comment you are available if there is a hint of problem that the appellate sees >> can we have the over head.

over head, please. the correction notice says stop all work for safety and shoring per the owner's contractor to take photo of building interior before start. however, have the engineer evaluate the site for safety and follow the engineer's instructions send the report to the district inspector temperature is more that the engineer should survey and make sure everything is safe not necessary low that he would go in and take froofs next door like if the next door naesh refuse it is entry they are stuck until they do what they do is send a letter saying they requestd and they refused and they wave their right to civil action furthered on for damages. because they have recorded them.

try to get a third featured mediate between the two ref view drawlings and the report and the -- means and methods. as far as the correction notices to make surety site is secure and safe. >> sure i mean i don't we could argue but i see two statement what is is supposed to happen and one does not negate the other there is an issue with gang access i suggested we put a limit photocopy it does not happen the permit vests may be i'm getting too complicated. it would behoove the parties to have the photographs taken on both sides if you nod and acknowledge and we will work to get that done i have back away from the microphone. >> we are talking about rain next week this is an open site. >> to be clear, with respect to

the report being submitted would you feel differently placing a condition related that? >> i'm more concerned with to make sure it a stable site the site not necessarily -- they have the monitoring points which would mean the build pregnants are not moving or monitor if there is movement. which point we step in the photographs interior tormake sure there is no cosmetic damages. the monitoring point on the outside will tell us whether well is movement of buildings themselves. you know the photographs are basically i have i crack i didn't have a crack before you need fix my wall. if the monitoring points if there is movement we know the foundations are moving and address that and stabilize the situation opposed to being the

photographs are for cosmetic damage >> essential leave irrespective what is the in notice that would not rise to the level of the department policing a condition on the permit. >> right >> the big part of notice is engineer evaluate for safety and facility engineer's instructions are the shoring merthan the photographs. >> right >> and just to be clear because we had moving targets with different permits, this communication was related the permit in question? >> yes. we told them to stop they had not taken the photographs >> thank you. >> that was to give them room, get together, take the photographs. start working together it. other case like this, if one neighbor did noted cooperate with the other the engineer

would say we done our best. reached out and we feel we are confidence in the work we have done were is safe. >> thank you that is all for me. >> thanks you can be seated. >> thank you. >> commissioner eppler did you have something. >> okay. >> du have anything? i don't think so. >> okay. i think from my perspective, i'm inclined to denight appeal based on what is presented. i think this the relief that i understand is being requested and -- in so many word system essentially there is mistrust

and we want an extra set of eyes here. and i -- based on the points that have been presented i don't see in actual -- argument against the permit proper low issued at least survive the contact that has been provided by mr. birmingham related to the documentation. the necessity with respect to the permit. accreditation pointses. and so i think asking for -- there is you know the bridge has been damaged and the bridge of communication damaged. i think that has been pleasured by having this discussed. we heard from the permit holds they're there is a commitment to -- reengage communications.

and -- i think once you have represents from plan and dbi coming in this forum. they do watch things close low. i think -- in affect we do -- have that desired out economist closer eyes on the project. being accomplished so, with that in minds with the understanding that -- the arguments presented don't under cutvillidity of the existing permit in question. i would be inclineed deny the appeal. >> further discussion or motion? i will make the motion to deny the appeal based on the basis that the per mitt was properly issued

>> two appeals >> yes. >> so. on that motion vice president trasvina. >> aye >> commissioner eppler. >> aye >> commissioner swig >> aye. >> that motion carries special appeals are denied we are adjourned. thank you, everybody. clear clear

we have so many neighborhood in district 5 each with their own character and history. >> in the district a long time and almost 30 years in district 5. active in my community and i have been an attorney right's attorney representing and helping folk who is are trying to stay in their homes and folks trying to resist evictions and really just continued to be able to thrive in this community. i did work outside city hall for a long time.

finally a point i got tired of going to politicians to ask them to dot right thing. i decide that it was time to actually throw my hat in the ring and become the decision maker. we have everything in district 5 from the haight ashbury. fillmore. japantown. haze valley. north of pan handle. western edition and the tenderloin. all within this district. >> i'm kristin evans a resident and small business owner in the historic haight ashbury neighborhood. i own the book smith. haight ash burr seunique. it was the most colorful part of the city when i was a kid. i ended up moving here and owning a book store here, which was the dream. we have people of all walks and

visitors and tourists around the world this come to the haight ashbury. coming to seat history of the neighborhood. the rock stars janice joplin -- people are fro spirited. we have many second handled clothing stores. people are eco conscious. we have people that are enjoying the vibrancy and it is a place to shop and people watch. >> while you are doing that, stop have lunch. we have [inaudible] restaurant, cha, cha, cha is a classic. a place next door peurto rican food. prada 22 this is yummy. can i go on about the great, delicious places to try in the haight. >> i'm part of the haight ash burref merchant's association. people don't come to haight street to one destination. they come and visit 3-4 places

when they in to visit. so if we have vacancies we have few reasons why people criminal we had between vacancies in the pandemic and increased to that. one thing we advocated for was a store front vacancy tax. voters passed prop d. we have gone from 32 to 14. come to the haight ashbury enjoy our weather and get a meal. shop in our boutiques. >> got so many things we have been active on and i'm proud of district 5 gone above and beyond to create a network of slow and safe streets yoosz the city and page is our success. you see bikers and pedestrians out on page street and it has been the most successful slow street in the city and the golden gate green wachl car free haze.

parts of the city this used to be where folks were afraid. being hit by cars and now safe to walk and bike. >> after having lived all over the city i wanted somewhere where i never needed to use a car and i wanted somewhere where i have a bit of separation from my job downtown. i drew a 25 machine radius around downtown and haze valley seemed to fit the bill. >> i found this neighborhood helped like the most community experience. people linger remindses me of european city. people are hang out outside and pass people and know people in the neighborhood t. is a pretty special environment. >> one of my favorite landmarks is patricia's dream. the former site of the freeway. named after patricia walker part of a group of people that lead

the movement to get the freeway taken down. and this was the embarcadero was the best examples of what happens when you remove a freeway and give space become to people. there are tons of places to shop and eat. pretty much something for everybody here. my frenzy kid had their first birthday party last week and i got a present for them if it is warm you hop to home town creamery and get ice cream. another favorite is mercury cafe a few blocks down octavia. and another favorite is hairz valley baker where they not only have incredible baked goods and breakfast and sandwiches but employ and train at risk and disabled people. well is a social anxiety toll when they do. every friday/saturday since covid the 400 block of hayes between octavia and going is

pedestrianized. we open up for people. a band and doubles the size of our town square. for everyone in d5 or the city, it is a great gathing space. to linger and hang out. [♪music♪] >> fillmore is in the heart of d5. one of the last remaining black neighborhoodses in the san francisco. went through really challenging periods in redevelopment and so much displacement. in the left few years we are seeing new businesses only there. >> i'm erika scott. we are here at honey art's studio. grew up here in the neighborhood. and feel fortunate to have my business here. we are a multipurpose place. we teach art classes. and we have live entertainment.

and community meetings. private event space. the history of the fillmore dates back generations before me. that was a big per of our studio here. there is a book the harlem of the west that depicts when the harlem of the west was. which is the fillmore and people from all over the world would come here a huge everything this was the place to be to experience black culture and just to live, you know. i want to pay honor to that. >> to my generation they are will new businesses we have something special sxushgs instinct dh is in the black. sits on the corner of gar and he fillmore it is a home to 30 entrepreneurs. like a marketplace.

super cool. a lot of things are custom or really unique. jazzy's hair salon and jazzy hair salon are applying for a legacy business ownership they have been in business for over 25 years. there are cottage and home based businesses. >> i'm brother mohammed here in the fillmore. since 1999 established since 1999. you see -- cosmetic items and clothing, how is it going >> good. good to see you. >> i still have my old customers are coming to support. this is a sense of community. we have remnants of the old vibe here. >> come visit the fillmore the famous jazz district and we have elements of that you want to experience it. friendly people. and this is a place where you will take a piece of san

francisco and the fillmore back with you. [♪music♪] >> since 2022, when there was redistricting the tenderloin district was added district 5 and that brought in the entirely new communities zeechl amazing history, really, veterans alph~- net tenderloin we renamed shannon street inveteran's honor. starred by gregory. veterans started doing murals in what was a blighted alley at the time. and it is become a garthing place for veterans to express themselves and interact. >> i was involved in helping the tenderloin museum get off the ground and excite to see all the amazing programs there. >> the tenderloin a collection of history of the neighborhood.

and have art galleries featuring artists. >> we are known for having historically inspired programs. and makes us unique. we are producing a play about the cafeteria riot. which strifes to work with as many neighbors and organizations as possible to create diverse programming. >> tenderloin is a close nit xunt and like almost decade i have been working here you are able to make connections with people. >> an incredible neighborhood working and the last queer bar in the tenderloin neighborhood which was the first queer neighborhood in san francisco. joanne incredible organization that shows performing arts. and great part sdmers do a lot

for the neighborhoods >> we have little saigon. the sandwichers a classic. and a restaurant opened in the neighborhood i recommend. the phoenix a legacy business. >> and like people in the neighborhood this is might not stay here. so there is more to the tenderloin than what you read in the news. one of the stories from the people who work here. >> probably the most unique feature in japantown is the [inaudible] built as part of japan's trade center. the other is the japan center itself. the oldest indoor shopping mall

in san francisco. built in the late 60's. despite the changes japantown is going through it is authentic. still i japanese-american community you find a lot of japanese-american food. japanese ice cream stores that are popular. we have what is matcha drinks here. the other thing that is really preponder lar here in japantown is all of the new [inaudible] opened up. before the restaurant had been it was anything you could order now it is all specialized. say come from different parts of japan and feature their home town style of ramen. you know it suspect a will really safe place to hang out. you come down here and you will get a sense of it is japanese-american history and

culture by being down here. >> just one of the great places to visit in san francisco. >> this is an incredible and diverse district with so much to offer for residentses and visit sxors i encourage folks come visit and experience the amazing people and businesses in the district. [♪music♪] [music] san francisco emergency home program is a safety net for sustableable commuters if you bike, walk, take public transit

or shares mobility you are eligible for a free and safe roadway home the city will reimburse you up to $150 dlrs in an event of an emergency. to learn more how to submit a reimbursement visit sferh. . >> (music). >> the ferry building one of

san francisco most famous that as many of 15 thousand commuters pass through that each gay. >> one of the things that one has to keep in mind regarding san francisco is how young the city we are. and nothing is really happening here before the gold rush. there was a small spanish in the presiding and were couriers and fisherman that will come in to rest and repair their ships but at any given time three hundred people in san

francisco. and then the gold rush happened. by 182948 individuals we are here to start a new life. >> by 1850 roughly 16 thousand ships in the bay and left town in search of gold leaving their ships behind so they scraped and had the ships in the bay and corinne woods. with sand the way that san francisco was and when you look at a map of san francisco have a unique street grid and one of the thing is those streets started off in extremely long piers. but by 1875 they know they needed more so the ferry building was built

and it was a long affair and the first cars turned around at the ferry building and picking up people and goods and then last night the street light cars the trams came to that area also. but by the late 1880s we needed something better than the ferry building. a bond issue was passed for $600,000. to build a new ferry building i would say 800 thousand for a studio apartment in san francisco they thought that was a grand ferry building had a competition to hire an architecture and choose a young aspiring architect and in the long paris and san francisco had grand plans for this transit station. so he

proposed the beautiful new building i wanted it wider, there is none tonight. than that actually is but the price of concrete quitclaim two how and was not completed and killed. but it opened a greater claim and became fully operational before 1898 and first carriages and horses for the primary mode of transportation but market street was built up for serve tram lines and streetcars could go up to the door to embarcadero to hospitals and mission street up to nob hill and the fisherman's area. and then the earthquake hit in 190 six the ferry

building collapsed the only thing had to be corrected once the facade of the tower. and 80 percent of the city would not survive the buildings collapsed the streets budges and the trams were running and buildings had to highland during the fire after the actuate tried to stop the mask fire in the city so think of a dennis herrera devastation of a cable car they were a mess the streets were torn up and really, really wanted to have a popular sense they were on top of that but two weeks after the earthquake kind of rigged a way getting a streetcar to run not on the cable track ran electrical wires to get the streetcars to run and

2 was pretty controversial tram system wanted electrical cars but the earthquake gave them to chance to show how electrical cars and we're going to get on top this. >> take 10 years for the city to rebuild. side ferry use was increasing for a international exhibition in 1950 and people didn't realize how much of a community center the ferry building was. it was the center for celebration. the upper level of ferry building was a gathering place. also whenever there was a war like the filipino war or world war two

had a parade on market street and the ferry building would have banners and to give you an idea how central to the citywide that is what page brown wanted to to be a gathering place in that ferry building hay day the busiest translation place in the world how people got around transit and the city is dependent on that in 1915 of an important year that was the year of our international exposition 18 million living in san francisco and that was supposedly to celebrate the open of panama differential but back in business after the earthquake and 22 different ferry boats to alamed and one had the and 80 trips a day a way of life and in

1918 san francisco was hit hard by the flu pandemic and city had mask mandates and anyone caught without a doubt a mask had a risk ever being arrested and san francisco was hit hard by the pandemic like other places and rules about masks wearing and what we're supposed to be more than two people without our masks on i read was that on the ferry those guys wanted to smoke their pipes and taking off their masks and getting from trouble so two would be hauled away. >> the way the ferry building was originally built the lower level with the natural light was used for take it off lunge storage. the second floor was

where passengers offloaded and all those people would spill out and central stairway of the building that is interesting point to talk about because such a large building one major stairway and we're talking about over 40 thousand people one of the cost measures was not building a pedestrian bridge with the ferry building and the embarcadero on market street was actually added in and in 1918 but within 20 years to have san francisco bay the later shipbuilding port in the world and the pacific we need the iron that. as the ferry system was at the peak two bridges to reach

san francisco. and automobiles were a popular item that people wanted to drive themselves around instead of the ferry as a result marin and other roots varnished. the dramatic draw in ferry usage was staggering who was using the ferry that was a novelty rather than a transportation but the ferry line stopped one by one because everyone was getting cars and wanted to drive and cars were a big deal. take the care ferry and to san francisco and spend the day or for a saturday drive but really, really changed having the car ferry. >> when the bay bridge was built had a train that went along the lower level so that was a major stay and end up

where our sales force transit center is now another way of getting into the city little by little the ferry stopped having a purpose. >> what happened in the 40 and 50's because of this downturn we were trying to find a purpose a number of proposals for a world trade center and wanted to build it own the philly in a terrible idea objective never gotten down including one that had too tall towers a trade center in new york but a tower in between that was a part of ferry building and completely impractical. after

the cars the tower administration wanted to keep americans deployed and have the infrastructure for the united states. so they had an intrastate free plan the plan for major freeway systems to go throughout san francisco. and so the developers came up with the bay bridge and worked their way along embarcadero. the plans were to be very, very efficient for that through town he once the san francisco saw had human services agency happening 200 though people figure out city hall offender that the embarcadero free was dropped and we had the great free to no where. which cut us off from the

ferry building and our store line and created in 1989 and gave us the opportunity to tear down the free. and that was the renaissance of ferry building. >> that land was developed for a new ferry building and whom new embarcadero how to handle travel and needed a concept for the building didn't want- that was when a plan was developed for the liquor store. >> the san francisco ferry building has many that ups and downs and had a huge hay day dribbled adopt to almost nothing and after the earthquake had a

shove of adrenaline to revise the waterfront and it moved around the bay and plans for more so think investment in the future and feel that by making a reliable ferry system once the ferry building will be there to surface. >> (music).

>> i started the o was with a financing and had a business partner all ended up wanting to start the business and retire and i did was very important to me so i bought them oust and two weeks later the pandemic h-4 one of the moments i thought to myself we have to have the worse business in a lifetime or the best. >> we created the oasis out of a need basically so other people

bars and turning them into a space and when the last place we were performing wasn't used turned those buildings into condos so we decided to have a space. >> what the pandemic did for us is made us on of that we felt we had to do this immediately and created this. >> (unintelligible). >> where we would offer food delivery services with a curbside professionalism live music to bring spectacular to lives we are going through and as well as employ on the caterers and the performers and

drivers very for that i think also for everyone to do something. we had ordinary on the roof and life performances and with a restaurant to support the system where we are and even with that had terribly initiative and hundreds of thousands of dollars in debt had to pay our rent we decided to have an old-fashioned one we created club hours where you can watch to online and or be on the phone and raised over one quarter of a million dollar that of incredible and something that northbound thought we could do. >> we got ourselves back and

made me realize how for that people will show up if i was blown away but also had the courage but the commitment now i can't let anyone down i have to make the space serviceable so while this is a full process business it became much more about a space that was used by the community. and it became less about starting up a business and more about the heart of what we're doing. this building used to be a- and one of the first one we started working on had we came out what a mural to wrap the building and took a while but able to raise the money and pay 5 artists to make a design around many this to represent what is happening

on the side and also important this is who we are this is us putting it out there because satisfies other people we don't realize how much we affect the community around there when he i want to put that out there and show up and show ourselves outside of those walls more fabulous. and inspires other people to be more fabulous and everyone want to be more fabulous and less hatred and hostility and that is how we change the

>> hello, and thank you to the san francisco league of women voters forviting me today. my name is aaron peskin the president of the san francisco board of supervisors and running to be the next mayor of the city. i love san francisco spent most of my adult life working to make it better. i fought to secure hundreds of millions of dollars for affordable housing, pass rent protection laws to stop unjust evictions and reduce crime with real community policing in my district. championed better public transit and help prepare for climate chaimpg. i know how to bring people together and hold the government account frbl results. that is exactly what we need to face the immense challenges before us today. as mayor, i'll unlock funding