vice president garcia: sir? >> yes. vice president garcia: how many units -- first of all, there are 52 units? 52. and how many are owned out right, and how many are rentals? >> it is not a condominium. they are all owned by winfield design international inc. vice president garcia: i am sorry. i must have misread that. everyone of them? >> yes. vice president garcia: thank you. >> surely. commissioner fung: several questions. the principles that you introduce, where they the principles of the firm at the time they got their entitlement? >> yes, sir. commissioner fung: a slightly different question, commissioner garcia, but since it was constructed that the units were rental units, are they now going to be marketed for sale? >> that is not envisioned at this time, sir. commissioner fung: i did not see much in your brief related to the findings by the mayor's office on housing in terms of non conformance to the conditions. do you concur that the bmr units were not in place? >> there was some compliance but not full compli

commissioner garcia: mi ssission and washington? >> i have spoken to the appellants and they agree with that. >> should we ask for the appellants to address the board as well? we'll do that, starting with the appellant. this is in specific reference to the proposal, 97 minutes of testimony. -- not the 7 minutes of testimony. >> and karen smith, i understand the question is if i would like the permit application to remove or withdraw the location at high street -- at california street. they are withdrawing those locations. >> are you in support of the proposal that the permit be upheld with those two locations being stricken? gosh yes. >> and the other addresses will go forward. nearly 2600 mission -- there is no appeal there. the only appeals are for these two addresses. >> is one permit, the entire permanent was appealed. >> of the way the ordinance was written, one permit can be -- one applicant can file for a permanent has multiple address locations. in this case, there are two addresses under this one permit that is being withdr

commissioner garcia: mr. kwan, do you have dp order 71944, article 5.8 of the public code in front of you, sir? >> yes, sir. commissioner garcia: there's an i -- it would be page four, i- 2. the language is on page 5. and you think there is a distinction to be drawn between like food and similar service? >> there has been a historical argument throughout the various cities that we discussed as it relates to food. commissioner garcia: i want to know whether or not the concept of like food -- also it talks about the fact that it is a similar type of food product. i am asking you if you think that is in counter distinction of like food. is that one concept? >> it is 1 in the same as the with the department interprets its. commissioner garcia: the sentence is written that the interpretation that one ought to give is that someone is selling food to go, it is a similar type of operation. it seems as though they try to encompass both concepts theory it seems to me as though the idea that these are operations where t

vice president garcia: is that 65 second street? >> that is correct. vice president garcia: if we could sever that so they can proceed with that and provide the rest room for. beale and california will be subject to this process. >> there is no way to celebrate it -- there is no way to sever it in that way. the board would have to uphold the permit on >> and that would be the mechanism for which that they could do that. >> it would be the problem of of the board in their ruling to do that. there has been no opposition or challenge to second street other than the hearing stage or at present. >> really don't even have a motion on the table yet. >> i am not trying to rub salt in the wounds, i am trying to offer some sympathy to what seemed like a very nice people. they were very thoughtful and i am hoping they you can get additional spots. it looks like the vote here is to overturn. additional fees because of relocation, i will lead the department, i know it is minor, to overturn that. someone spoke in public comment about an issue that has resonated with

vice president garcia: i would agree.ill not make a big speech about it because i hope someday she will come back. so that we can properly honor her. anyone who is watching the meetings is properly familiar with the skills she had up here. she could analyze issues that were relatively complex and could concisely state what her points of view were about that. all that is self-evident to what i would want to talk about. i was always impressed that she would come here after a long day at the zoo. she has two children, running a household, taking care of that. she would have to deal with going back and forth across the bridge and a couple of days every week. she would always show up here totally cheerful and upbeat. it was pretty remarkable. anyone who has not gotten to know her, if you have an opportunity to, you would consider it to be a pleasure. i will definitely miss commissioner peterson. >> i will wait to say it to her personally. >> are there any public comments on the commissioner comments? seeing none, we move to it

commissioner garcia: yes, mr. sanchez? >> of the board does request a side setback, how with the excess -- extent of the setback be? one might be just where the rear building wall of the permit holders property is, going back to the rear from there. commissioner garcia: that would be my assumption. madame director, can we craft something tonight or do we need to have a continuance to have documents to commission the permit. i don't want to create a problem for the permit process, through either revision or something else. >> if we can be specific about the location and dimensions of the setback, we can roll tonight, otherwise we can ask that the permit holder prepare drawings to document what you have in mind. commissioner garcia: i would be more comfortable to have the parties sit down one more time and decide with coercion from this board, i am not going to support a reduction of the addition of a way down to the ground floor. and i am only talking about realigning the setback on the very top floor. >> are you making a m

vice president garcia: thank you. president goh: could we hear a rebuttal from the zoning administrator? >> picking up on what vice president garcia noted, this is a violation and penalty for " -- for failure to comply with the conditional use authorization. it is not that they even did someone and noted the penalty and violation was issued because of the eviction. the parties failed to comply with the mayor's office, which is extremely clear from the evidence presented her by the mayor's office of housing. $250 per day is the standard penalty rate that we do assess if we notice a violation. the eviction notice was under evidence presented at the hearing. they did not notify the mayor's office of housing. so they did not comply in that respect. that is all i have to comment on there. >> help me with this confusion. section 315 no longer exists. it was replaced by section 415. there is no inclusion rehousing any longer? 415 gives it a different name and treatment. the treatment is 8 feet as opposed to -- >> the plannin

commissioner garcia: thank you.

garcia and commissioner fung. commissioner peterson has resigned for the board and commissioner hwang is absent for the evening. when a vacancy exists on the board, the board may overrule the action of the department by a vote of three members. four votes are not required to overrule a departmental action in. that is why we are able to meet with only three members present. if the absence commissioners vote could make a difference, the board will allow the absent commissioner to participate in the vote. we are also joined by deputy city attorney francesca who will provide the board with any needed legal advice. at the controls is the victor. and i am sylvia gold steam. we are joined our representatives who have matters before the board. jarvis murray is here representing the division of taxis. john fong is here representing the department of mapping. and anthony greco is representing the department of building inspection. at this time, could you please go over the meeting guidelines. >> the board request that you t

[laughing] garcia: how's it going, stranger? oh, i'm a little tired. i went salsa dancing last night. oh, my god, like i need another reason to find you amazing. this call for you from sean mcallister came to my phone accidentally. he sounded very hot and very important. did he leave a message? no. but it's from paris. a scottish guy calling from paris. know this, emily-- even if he is ugly, scottish guys are hot. it's the accent. i'll keep that in mind. so what's the skinny? is he an ex? international booty call? no. he's a friend. where's seaver? she had to take a test at the academy. i know we've all seen the news. mass murder in miles city, montana. 6 people shot and killed at a gas station. no apparent motive. robbery? any security footage? no. no cameras, no witnesses, ballistics say we're looking at two shooters. well, something at the station must have triggered them. it doesn't look like they had much of a plan. and it may happen again. spree killers often repeat themselves. [clicks] [panting] [panting] we did it, baby. mmm. we did it. [laughi

vice president garcia: thank you. director goldstein: any other additional comments? is there any public comment on this item? ok, well, to move on to item number five, and thank you very much, mr.star. item five, appeal number 11-094. winfield design international inc., appealing notion of violation and penalty dated august 19, 2011, addressed to thomas shuen and m.j. gaines at winfield design international, regarding noncompliance with the conditions of approval of planning commission motion 16 546. we will begin with the appellant. you have seven minutes. >> good evening, members of the board. i represent winfield design international, inc. the property in question on 23rd street, number 3000, and we are a small corporation that is owned by two owners, thomas shuen and milton gaines. for the appellant. the property had been previously used as an industrial site, operated by winfield design international inc. winfield applied for a permit to develop an apartment project. the city and county of san francisco required as a condition for obtaining a building permit an

[gavel] vice president garcia:>> we ture office. as the permit holder, we submit to the board office. the appellants are the ones who are required to serve. >> have you been in touch -- is that not correct? each party has obligation to deliver the race to the respondent which is the department. >> hours has been handled -- handed over as well as electronically on the following business day. >> have you not been in touch with the department? >> i have been in touch. i spoke with him. >> you feel they have nothing to add. >> i cannot predict what he might have to add. i just feel that this permit holder has a right to move forward. >> is there any public comment on the topic of the possible continuance? please step forward. you will have one minute. >> i have a question because i am not next week. with that and push forward because if so, i am out of town. >> we would not reschedule any other matters. >> thank you. >> any other public comment? seeing none, commissioners, the question of the continuances before you. >> comments, commis

commissioner garcia: and i think it is our content to strike the two. director: public comment, is there anyone in the public wishes to speak on this item? ok, directors, it is yours. president goh: ok, we need a motion, pursuant to the agreements made by the parties. commissioner peterson: a stipulation. president goh: does somebody want to make a motion? commissioner garcia: you just made a motion. president goh: i did not. secretary pacheco: on that motion, [reading roll] thank you. the vote is 3-0. the permit is upheld with those two locations struck and on that basis. thank you. director: thank you. president goh, there is no further business this evening. president goh: we are adjourned. the biggest issue in america today? segregation still exists... racism... the repression and oppression of women the educational system stem cell research homeless people cloning government health care taxation announcer: so, is there anything you're doing to help make a change? i'm not really doin' anything. ummmm [sighs] got me on that one... >> when there is th

vice president garcia: the nob is for removing wood from 15 g uy. what plans do you need to do that? >> we need to know what is going to look like after the wood is removed. the structural engineer is the person primarily responsible for this appeal. the issue is the structural integrity of my client's house and the safety of the resident in that house. they are pulling would out from underneath the deck without a concurrent plan for how it is going to be replaced and what is going to be built on my client's side. we have to work together to ensure safety. that is my concern. vice president garcia: thank you. >> a couple of other things that are important. i am a little surprised that mr. barios would reference that opinion without the department of building inspection coming out. they should come out and take a look. you are looking at the application that admits it crosses the property line. they are showing the owner as the development company. there is a permit filled out wrong the second time. in a brief when we pointed it out, they wrote back

estella garcia, who was recognized with this award last year. [applause] thank you for joining us tonight. tonight we're recognizing the community service award of 2011, eva reale. born and raised in hanford, california. she attended san francisco state university in 1971. she became a student teacher and has fought for at the studies while earning degrees in economics, a process that is, and social work. getting her degree, she met her husband. they have raised four children in the mission. in the 1980's, eva and other mission community activists to join together for the san francisco voter education and registration project. she'd been organized the great boycott committee. she served as regional manager and a spokesperson of that organization until 2002. in 1988, the ufw co-founder was brutally beaten here in san francisco by a police officer. as a leader, -- there is a happy ending to this story. after a three-year effort, she worked diligently with the college and to ensure justice for delores and to ensure there was a change in the san fra