hwang: mr. sanchez. >> thankxh scott sanchez, planning department. the rehearing request was filed on our response would have been due on november 26, which is the same day that8& appellant received information from pg&e, at least that's what the records are dated so we did not receive the -- m0jpd until earlyb'( o0 1"ujttjt 4, after we had our ability to submit a response. first pg&e records are not evidence of a legality -- or of a legal unit. the appellantm.nív÷ has stated they bought the property in 1997. at the time they bought it, it was a four unit building. however i would note according to records they provided the4( -< fourth electric meter wasn't added untilu0 for each electric unit, would they argue they have four units on the property? i think that's an open question. again it's not evidenc%i í=Ñ of a legal unit. we go by the records of the building inspection. as stated inaj hearing we believe there was an error in the records. there was a cfc4#b!Ñbç issued to reduce the number of units from three to two. the reduction of number of unit

good afternoon, president3dp@ hwang scott sanchez, planning department. letter of determination appeal relate toll validity of a variance decision letter issued on november 10,j@ro 2005 so a little over seven years ago. that was to allow construction of a garage in the required rear yard of the subject property. at the time we reviewel" building permit application it was stated that theétb6)ñ property was ;f the building permit for the the garage was actually issued and appealed to this board. the board of appeals denied that permit because ñ weÑÑ% 6 overwhelming evidence that the building was usedcf::>÷ group housing. t™ come through and achieve+0%( "Ñ a building permit or received a building permit16p to legalize that use. now try to come back and go through this process.c7 yyou know maybe% understood the board's intention and i apologize if last hearing but the board didn't wantx8b3% to extendq4"bh it past november 23 rd extension ,÷ we had given and no extension of thejpe0 board pn[ is final until a decision is issued and that's why i did not feel com

sanchez, go ahead. >> thank you, good afternoon president hwang, members of the board and welcome commissioner honda and look forward to working with you. scott sanchez for the planning department, the subject roproperty is located with an nc s, a neighborhood-commercial shopping sister zoning district. there are very few of these. it's a mall essentially a larger parcel. we did review several letter of determination requests related to the usablability usable of the site for medical cannabis dispensary and found that the property was located within a thousand fee of merced playground that contains a recreation center serving people underage 18 years of age. on march 8th, 2012 mr. girardi requested the possibility of locating a mcd. and we issued a letter of determination stating it was within a thousand feet. i would note that there was a discretionary review filed that was filed after the letter of determination was submitted. it was filed march 16th, 2012, canceled the same day that the letter of determination was issued. the letter of determination as standard boil plate language saying that if you found this is an abuse of discretion --

hwang, franknnjy fung, commissioner. to my left is deputy city attorney robert brian who will i'm cynthia goldstein the board's executive director. we are joined by city departments5c%( qez that have cs before the board. scott sanchezng administrator, and planning department and planning commission, stey, representing the department of building inspection, john quawng. the board requests you turn offñ or silence all phones and other thereinh[9k7t devices. please carry on conversations in the hallway. the board's rules of presentation are as follows.rhc appellants, permit holders have seven minutes each to present their case and three minutes for rebuttal. people affiliated with these parties must conclude within these three or seven minutes. members of the public have up to three minutes each to address please speak into the end of the microphone. preparation of minutes you are asked to submit a speaker card to board staff. left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the podium for your convenience. if you have questions about requesting a rehearing, the schedules speak to staff during the meeting or call or visit the board office at 1