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Mar 12, 2011
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vice president garcia: testimony. saying that the appellate wants to pay fine or be suspended for x -- the appellant wants to pay a fine. possibly, they will come back with both of them. commissioner hwang: also, they could come to an agreement, and this could be withdrawn. that could be another option. president goh: really, that would be the best. march 23? director goldstein: that is fine with the department. president goh: march 23 to continue. the party said indicated that march 23 works. director goldstein: we are looking for submittal prior to that date, i am assuming? vice president garcia: does anybody want more? director goldstein: they could be done at the same time. i think we have a motion. secretary pacheco: i believe the motion is from the vice president, to continue the matter to march 23? the public hearing is held and closed. it is to allow parties time to negotiate an alternative penalty. additional briefing is allowed at two pages per party, all due one thursday prior to the hearing. on that motion
vice president garcia: testimony. saying that the appellate wants to pay fine or be suspended for x -- the appellant wants to pay a fine. possibly, they will come back with both of them. commissioner hwang: also, they could come to an agreement, and this could be withdrawn. that could be another option. president goh: really, that would be the best. march 23? director goldstein: that is fine with the department. president goh: march 23 to continue. the party said indicated that march 23 works....
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Mar 5, 2011
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vice president garcia: before this board. and did anyone make the comment in 2008 that were you to run afoul of this law again that this board would be decided by harsher? -- decidedly harsher? >> no, but i did know that if we got a second ticket it would be more. but what should we do to not sell to minors? we checked the id. we train the employees to check the id. i do not know. vice president garcia: i am very sympathetic to you, but it is an agency issue. where you the one who sold the cigarettes, or is someone who worked for you? is it the same person who sold them in 2008? >> it is a different person. vice president garcia: thank you. >> we will hear from the department now, dr. ocho. >> good evening, commissioners. it is true that the establishment did sell cigarettes to minors -- to a minor. i am not going to go through a very extensive presentation. this theory the second time they were cited. the last incident occurred on february 19, 2008. the arguments that to the appellant presented, saying that mthe minor used a
vice president garcia: before this board. and did anyone make the comment in 2008 that were you to run afoul of this law again that this board would be decided by harsher? -- decidedly harsher? >> no, but i did know that if we got a second ticket it would be more. but what should we do to not sell to minors? we checked the id. we train the employees to check the id. i do not know. vice president garcia: i am very sympathetic to you, but it is an agency issue. where you the one who sold...
SFGTV: San Francisco Government Television
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Mar 13, 2011
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vice president garcia? vice president garcia: aye. >> the vote is 4-0. the matter is continued to next week's calendar. >> i would ask the parties in addition to submitting the normal hard paper copies, if you have these items available electronically and could send them to me that way in addition, that would be helpful. thank you. move on to the next item? when you're ready we would love it if you could call item 4 c. >> calling item 4 c. another jurisdiction request. subject property at 15156 to 1567 eighth street, also known at 1556101508 eighth street. we have a questioner asking that the over the notice of penalty issued by the zoning administrator on august 24, 2009. the appeal period ended on september 8, 2010 and the jurisdiction question was filed at the board office on february 16, 2011. the notice of violation is concerning an illegal restriction of bar space without the required authorization and without the conditions of that c.u. >> commissioners, much first of all the item concerns only 15156. >> identify yourself. >> sorry, my name is bri
vice president garcia? vice president garcia: aye. >> the vote is 4-0. the matter is continued to next week's calendar. >> i would ask the parties in addition to submitting the normal hard paper copies, if you have these items available electronically and could send them to me that way in addition, that would be helpful. thank you. move on to the next item? when you're ready we would love it if you could call item 4 c. >> calling item 4 c. another jurisdiction request. subject...
SFGTV2: San Francisco Government Television
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Mar 10, 2011
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vice president garcia: so the number would be zero? >> that would be correct, for driving alone, correct. right. vice president garcia: and then the other thing is, you may be arguments that mr. arvin has a poor record keeping, and that is not reasonable for someone who is an insurance agent. maybe i am confused. it seems to me that mr. arvin was depending on real -- royal to have his bills, and everything gets clouded by the fact that somebody from sfmta goes over and gets the records from royal, and there are no records. 2007 and 2008. >> that is correct. there was no receipt or record at that time. the current procedure would be to issue a receipt to the driver or applicant, medallion older, for anything we take in from them or if we take it directly from the company. we also issue a receipt, as well. vice president garcia: you mean that was not a policy at the time? >> it was not a rule at the time, but we have made it a rule as policy. vice president garcia: what would your comment be about their not having been a receipt, and the
vice president garcia: so the number would be zero? >> that would be correct, for driving alone, correct. right. vice president garcia: and then the other thing is, you may be arguments that mr. arvin has a poor record keeping, and that is not reasonable for someone who is an insurance agent. maybe i am confused. it seems to me that mr. arvin was depending on real -- royal to have his bills, and everything gets clouded by the fact that somebody from sfmta goes over and gets the records...
SFGTV2: San Francisco Government Television
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Mar 10, 2011
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>> i will need to take a temperature or two, of course president garcia -- or two, vice president garcia. it has nothing to do with the number of parking spaces or the number of units. really big parking spaces instead of smaller, for example, you could have different numbers of units, so it is unrelated to the conditional use, and i think it is important, again, to underscore that. these plans were june, september, conditional use in april. vice president garcia: i think you said that. president goh: the cu, the original parking garage permit was october 27, 2008. >> that is correct. president goh: and then the other two were won in 2009 and one in 2010. -- there were one in 2009 and one in 2010. >> there were two in 2010. president goh: maybe i will address this to someone else, but if it requires a cu, then go and get a cu. that is the package. if you wanted to do something to the property later on, you could go in and apply for a permit for something else, and i think what your opponent is arguing is that the something else would necessarily be wrapped into that cu, and what seems to
>> i will need to take a temperature or two, of course president garcia -- or two, vice president garcia. it has nothing to do with the number of parking spaces or the number of units. really big parking spaces instead of smaller, for example, you could have different numbers of units, so it is unrelated to the conditional use, and i think it is important, again, to underscore that. these plans were june, september, conditional use in april. vice president garcia: i think you said that....
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Mar 12, 2011
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vice president garcia i am -- vice president garcia: i am sorry, president goh. are they going to remove the one, or is that something we have to deal with right now? >> they would have to reapply for that one tree. vice president garcia: because i would absolutely support the removal of that one. president goh: so would you consider the removal of that one tree? >> i guess if that is your decision -- president goh: you have heard the votes of the commissioners, which look like they will not go -- >> we will go with the one tree being removed. vice president garcia: that one tree, another one going in somewhere else? >> so we take the tree out, and we have to find another place to plant another tree. president goh: or if there is not another place, you would pay fee in lieu of replanting. ok, in that place, i am going to modify my motion. would that be to grant the appeal? director goldstein: that is correct. president goh: the one tree that is in ine -- line -- director goldstein: we would need the description of that one tree. they are numbered. president goh:
vice president garcia i am -- vice president garcia: i am sorry, president goh. are they going to remove the one, or is that something we have to deal with right now? >> they would have to reapply for that one tree. vice president garcia: because i would absolutely support the removal of that one. president goh: so would you consider the removal of that one tree? >> i guess if that is your decision -- president goh: you have heard the votes of the commissioners, which look like they...
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vice president garcia: yes. commissioner peterson: aye. >> the vote is 4-0. the appeal is granted. >> the second housekeeping item is in regards to item 10, appealed 10-144, to alter a building on 19th street. the parties have reached an agreement and asked to grant the appeal and condition the permit with the terms stated in their joint letter, dated february 9, 2011. i do not know -- they are here? both parties? great. if you have any comments, you can step forward. otherwise, if the commissioners have questions for you, we can have those post down. if not, we can take public comment and then have a motion on this item. is there any public comment on this item, item 10? seeing none, is there a motion? president goh: i will move we grant the appeal and condition the permit as described in the letter. >> call the roll on that, please. >> the motion is from the president to grant the appeal and condition the subject permit with the agreed upon conditions dated 2/10/11. >> i am sorry. it is february 9. >> we will
vice president garcia: yes. commissioner peterson: aye. >> the vote is 4-0. the appeal is granted. >> the second housekeeping item is in regards to item 10, appealed 10-144, to alter a building on 19th street. the parties have reached an agreement and asked to grant the appeal and condition the permit with the terms stated in their joint letter, dated february 9, 2011. i do not know -- they are here? both parties? great. if you have any comments, you can step forward. otherwise, if...
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Mar 19, 2011
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vice president garcia: mr. duffy, if you would sir. one issue that has been raised by the request for jurisdiction has to do with seeping of water from one property to another property. that is against code, correct? or that the case, that would have to be corrected. >> that is correct. i would imagine that going through the review at dbi by structural engineers down there -- obviously, they are going to review the g attack -- the geotech reports. that is still going through review. if it was a problem later on, obviously we would look into it. but it is a dispute obviously between two geotech reports. we are going to review it as part of the approval process. vice president garcia: mean staff at -- you mean staff at dbi? >> we would be looking at all the geotech plans and calculations. all of that should be reviewed thoroughly and then built accordingly. it should be designed not to have any problems with water. commissioner fung: -- vice president garcia: thank you. >> i think we should call for public comment since we have heard fro
vice president garcia: mr. duffy, if you would sir. one issue that has been raised by the request for jurisdiction has to do with seeping of water from one property to another property. that is against code, correct? or that the case, that would have to be corrected. >> that is correct. i would imagine that going through the review at dbi by structural engineers down there -- obviously, they are going to review the g attack -- the geotech reports. that is still going through review. if it...
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vice commissioner garcia: i would support that. commissioner peterson: can we continue without jurisdiction? vice commissioner garcia: we can continue a request for a rehearing. >> you can just delayed a decision on it what you ask for additional confirmation all right. it is proper. commissioner hwang: i would probably ultimately support that. i just find the arguments presented our creative and novel. they have no credibility in the facts, given that we had an opportunity to hear from the owner at the last hearing and at no point in time was it raised that the person speaking on his behalf is not someone representing him. if it were me sitting there and hearing someone stand up and say the had the right to do this and were going forward on a permit and trying to repeal their own permit, i would have something to say about that. that said, i would go with a motion to continue, just so i can actually see the contract. commissioner fung: you are hearing some of the sentiments of this board. if your client does not want to provide th
vice commissioner garcia: i would support that. commissioner peterson: can we continue without jurisdiction? vice commissioner garcia: we can continue a request for a rehearing. >> you can just delayed a decision on it what you ask for additional confirmation all right. it is proper. commissioner hwang: i would probably ultimately support that. i just find the arguments presented our creative and novel. they have no credibility in the facts, given that we had an opportunity to hear from...
SFGTV: San Francisco Government Television
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Mar 19, 2011
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vice president garcia: it would be the fourth page in. >> all right. vice president garcia: it is headed by "history of unpermitted work." commissioner hwang: we are probably not looking at the same thing. >> ok. vice president garcia: let us take one of the permits to read it-roof, everything but the dormer. either the dormer does not need to be re-roofed, or it is illegal. could that be taken care of prior to this permit issue? should other work the part of all these permits so that all these problems, if they are in fact problems, could be addressed and taken care of experts for example, preventing the stove in the kitchen below the dormer. i think there is the proper height for the venting pipe to be. ms. wuerfel maintains it is foreshortened because otherwise it would be in front of the windows, things like that. all those issues -- my feeling right now is that this board -- we will hear testimony and all that, but it almost seems we need some definitive statements from dbi as to the legitimacy or lack of legitimacy of some of these claims, for th
vice president garcia: it would be the fourth page in. >> all right. vice president garcia: it is headed by "history of unpermitted work." commissioner hwang: we are probably not looking at the same thing. >> ok. vice president garcia: let us take one of the permits to read it-roof, everything but the dormer. either the dormer does not need to be re-roofed, or it is illegal. could that be taken care of prior to this permit issue? should other work the part of all these...
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the presiding officer is board vice president michael garcia. joining him on the dais is commissioner chris hwang, tanya peterson, and commissioner fung. president goh is absent because of a family emergency. to my right is the board clerk. i am the board's executive director. we have representatives from some city departments who will be speaking this evening. laurence kornfield is here. joseph duffy will be representing the department of building inspector. scott sanchez is here, representing the planning department and planning commission. he is joined by planner dan sider. carla short is here representing the bureau of urban forestry. john hwang is representing street use and mapping. i will go over the meeting guidelines. the board requests you turn off all cellular phones so they will not disturb the proceedings. please carry on conversations in the hallway. appellants, permit holders, and department respondents each have seven minutes to present their cases and three minutes for a bottle. people affiliated with these parties must include
the presiding officer is board vice president michael garcia. joining him on the dais is commissioner chris hwang, tanya peterson, and commissioner fung. president goh is absent because of a family emergency. to my right is the board clerk. i am the board's executive director. we have representatives from some city departments who will be speaking this evening. laurence kornfield is here. joseph duffy will be representing the department of building inspector. scott sanchez is here, representing...
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Mar 19, 2011
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vice commissioner garcia: he was not finished. i think he was going to say redacting those bits about compensation. commissioner hwang: that is not a problem. >> to be advised that anything you submit to the board would be subject to a public records act. commissioner fung: i move that we continue to april 6. >> do you want to allow for any additional briefing? commissioner fung: let us limit it to three pages. >> 3 pages, all parties the thursday proper. commissioner fung: anything they like. >> on that motion to continue this matter to april 6 to allow for the citadel of additional -- for the submittal of additional information. vice commissioner garcia: aye. commissioner peterson: aye. commissioner fung: -- commissioner hwang: aye. "motion carries 4-0. thank you. shall we call the next item, or do you want to take a break? vice commissioner garcia: i hope you will forgive us. we're going >> welcome back to the meeting of the san francisco board of appeals. previously, we indicated that item 4f was withdrawn. we will move on to
vice commissioner garcia: he was not finished. i think he was going to say redacting those bits about compensation. commissioner hwang: that is not a problem. >> to be advised that anything you submit to the board would be subject to a public records act. commissioner fung: i move that we continue to april 6. >> do you want to allow for any additional briefing? commissioner fung: let us limit it to three pages. >> 3 pages, all parties the thursday proper. commissioner fung:...
SFGTV: San Francisco Government Television
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Mar 19, 2011
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vice president garcia wrote -- note from addendum number two from 2011. .-- vice president garcia: yes commissioner peterson: those are two different votes. do you want to call them separately? commissioner peterson -- vice president garcia: yes. director goldstein: ok, we will do the one with awnings, and that was to uphold the permit. on that motion, et -- motion, supervisor farrell, supervisor campos -- commissioner fung, commissioner hwang, commissioner peterson. the next one is to grant the appeal as stated. on that motion, again, by the vice-president, commissioner fung, and then commissioner peterson, commissioner hwang. ok, so that motion fails. barring another motion or a continuance to allow the commissioners to vote, it to have it -- to vote, to have it re-cast -- vice president garcia: i would move that we continue this. commissioner hwang: i would propose a friendly amendment that the president can have questions. director goldstein: -- commissioner hwang: she has been watching this tonight. director goldstein: the motion is to continue this item, 11- 011, march 2, 1923 to
vice president garcia wrote -- note from addendum number two from 2011. .-- vice president garcia: yes commissioner peterson: those are two different votes. do you want to call them separately? commissioner peterson -- vice president garcia: yes. director goldstein: ok, we will do the one with awnings, and that was to uphold the permit. on that motion, et -- motion, supervisor farrell, supervisor campos -- commissioner fung, commissioner hwang, commissioner peterson. the next one is to grant...
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vice commissioner garcia: i will start of. it is hard not to but admire and be sympathetic to the neighbors who live right there. it is less than totally attractive, the building. that might sometimes be the nature of public housing. i cannot contemplate having neighbors decide what should go on on another property they do not occupy. just in general, and also because there would be many complications to do such an arrangement. i think one very favorable outcome of tonight's hearing and this movement to have these trees removed would be if ms. bright and mr. hastings were to try to arrange a meeting and say there are people in the neighborhood who are very concerned about the appearance of the building, about the safety issues. how can we as members get involved in and do things that are beneficial to the residents of that particular building, the building itself, and the general appearance of the street? beyond that, i do not know what else could be done. i am not in favor of overturning the department are granting the appeal
vice commissioner garcia: i will start of. it is hard not to but admire and be sympathetic to the neighbors who live right there. it is less than totally attractive, the building. that might sometimes be the nature of public housing. i cannot contemplate having neighbors decide what should go on on another property they do not occupy. just in general, and also because there would be many complications to do such an arrangement. i think one very favorable outcome of tonight's hearing and this...
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Mar 25, 2011
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commissioner garcia: aye. commissioner peterson: aye. commissioner hwang: aye. >> the motion carried. item number 4a, subject property at 218 turk street. we received a letter from shaughn morgan requesting rehearing of appeal number 10- 073, decided january 19, 2011. the board voted 2-3 to uphold. four votes being required to overturn department collection, the permit was upheld by operation of law. the project is to remodel baff coming heating, upgrade electrical, partition walls, replace ceiling tile in grid, all work at commercial unit, vacant locksmith to pharmacy. please note that the public hearing was held in closed on march 9, and the matter was continued to allow the absent board member to participate in the boat. commissioners, the permit holder in this case has again provided a court reporter for the transcription of the proceeding. we do need a motion for that purpose. the permit holder indicated it will provide a copy to the board and to the appellant free of card -- charge. president goh: so moved. >> on that motion by the
commissioner garcia: aye. commissioner peterson: aye. commissioner hwang: aye. >> the motion carried. item number 4a, subject property at 218 turk street. we received a letter from shaughn morgan requesting rehearing of appeal number 10- 073, decided january 19, 2011. the board voted 2-3 to uphold. four votes being required to overturn department collection, the permit was upheld by operation of law. the project is to remodel baff coming heating, upgrade electrical, partition walls,...
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vice president garcia: i would support that. i think the person who sold the cigarette was unaware of what all of the proper procedures were. i think she has been made aware of what the proper procedures are. commissioner peterson: i would disagree. at least in the prior case, there was an attempt and a review. there was not even an attempt to look at the i.d. i think someone who has a daughter herself should be aware of the danger, and i think 15 days is too lenient. i would think 20 days, but a lack of attempted to even apply with meat -- the rules is concerning. president goh: i agree with the sentiments expressed by commissioner peterson. i would in this case, however, support a reduction to 15 days because, and i am a convinced commissioner peterson by this, because, nothing to deal with this department, but making the mistake in the declaration -- i am sorry. it was not the department. it was the inspector. and to have the incorrect date is i think is very problematic and potentially in other circumstances fatal two other
vice president garcia: i would support that. i think the person who sold the cigarette was unaware of what all of the proper procedures were. i think she has been made aware of what the proper procedures are. commissioner peterson: i would disagree. at least in the prior case, there was an attempt and a review. there was not even an attempt to look at the i.d. i think someone who has a daughter herself should be aware of the danger, and i think 15 days is too lenient. i would think 20 days, but...
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vice presdient garcia: i am just curious. do not ask the city attorney. [laughter] president goh: i will make some comments around that same item. i wonder if every time we send e-mails and cc the deputy city attorney that is a billable hour for her. perhaps we could minimize that. with regard to the various statutes or case law citations, we could get those from staff. i know staff is overburdened already and doing so much with so little. many of these, we see over and over again and have right in front of us when we are reading the case packet. commissioner peterson: i think the time involved in that work is not necessarily the time involved in sending an e-mail to the board and assessing what it is the attorney feels the board needs to know in order to properly evaluate the cases coming before it. >> another thing to keep in mind is that e-mails that you receive from the attorney are privileged. e-mails you receive from me are not. commissioner fung: who initiates the request for the as the mills? -- for those e-mails? i have rarely asked for them. i n
vice presdient garcia: i am just curious. do not ask the city attorney. [laughter] president goh: i will make some comments around that same item. i wonder if every time we send e-mails and cc the deputy city attorney that is a billable hour for her. perhaps we could minimize that. with regard to the various statutes or case law citations, we could get those from staff. i know staff is overburdened already and doing so much with so little. many of these, we see over and over again and have...
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vice president garcia: we can ask for a higher level. commissioner peterson: one thing that i am looking at is that there have been some references to email, etc., about how that miscommunication, the briefing or documentation to support this. i think the compliance issue is really troubling to me given that it is so pervasive, and i would rather than make a decision today, continue it until we get that information. i do not know of anyone else would be so inclined. commissioner fung: commissioner hwang, what information are you looking for? commissioner hwang: the basis is some miscommunication in all of these cases. i have heard references to emails, references to the contractor got one thing but not another, but i have not seen documentation to support these claims, and they may well exist and could be put together in a packet for us. i would like to review it. it would help me in terms of feeling there is some basis for this pervasive noncompliance. i think, commissioner fung, what you said about the process and it going back to the
vice president garcia: we can ask for a higher level. commissioner peterson: one thing that i am looking at is that there have been some references to email, etc., about how that miscommunication, the briefing or documentation to support this. i think the compliance issue is really troubling to me given that it is so pervasive, and i would rather than make a decision today, continue it until we get that information. i do not know of anyone else would be so inclined. commissioner fung:...
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--antes de irnos, le felicitamos a aracely arambula y gabriel garcia marquez, ellos
--antes de irnos, le felicitamos a aracely arambula y gabriel garcia marquez, ellos
SFGTV: San Francisco Government Television
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Mar 19, 2011
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vice president garcia: mr. preston, can i make the same plea to you that i made earlier , and agree on nine minutes? 9 and four? >> yes. vice president garcia: thank you very much. commissioner peterson: i know mr. preston from law school. it will not impact my ability to be impartial today. >> thank you, commissioners. my name is dean preston. i am a resident within five blocks of the subject site where the chase bank branch is to be installed. we are appealing permits for the chase bank at the visit darrow - - at divisadero and oak street. we are back because we have not had the opportunity for a hearing, a conditional use hearing at planning. this is a vibrant small-business corridor that has successfully opposed chain stores moving into the neighborhood for years. chase proposes to merge three storefronts, and this project is in an nc-2 zoned area. there are several issues. the primary issue is formula retail. others have become apparent through the briefing from planning as well as from the permit holder.
vice president garcia: mr. preston, can i make the same plea to you that i made earlier , and agree on nine minutes? 9 and four? >> yes. vice president garcia: thank you very much. commissioner peterson: i know mr. preston from law school. it will not impact my ability to be impartial today. >> thank you, commissioners. my name is dean preston. i am a resident within five blocks of the subject site where the chase bank branch is to be installed. we are appealing permits for the...
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Mar 25, 2011
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so i hope that we have director garcia, director -- the mayor's office. everyone in this city is very -- very much paying attention to this issue and i just hope that we really get a sincere conversation, sincere gestures from cpmc and that we don't have to -- deal with the level of -- that we have been dealing with so far in our engagement with this institution and this project sponsor which i think really does far surpass other experiences that we have had in our dealings with other -- huge developments that have these -- this little of impact on the city. you know, if you don't you can't admit patients that you don't have. so that might be responseable for some of the statistics. even the central city statistics which were quoted today and i won't name the two hospitals, that have lower levels of admission than do the cal pacific campuses not including st. lukes. i think there's movement in the direction clearly. i tend to think there is been a lot of problems, have been through these hearings before and i think some have been sats -- satisfactorily an
so i hope that we have director garcia, director -- the mayor's office. everyone in this city is very -- very much paying attention to this issue and i just hope that we really get a sincere conversation, sincere gestures from cpmc and that we don't have to -- deal with the level of -- that we have been dealing with so far in our engagement with this institution and this project sponsor which i think really does far surpass other experiences that we have had in our dealings with other -- huge...
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Mar 24, 2011
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. >> on that motion to deny the jurisdiction request -- commissioner garcia: aye. commissioner peterson: aye. commissioner hwang: no. 4 >> -2 -- >> 4-2. >> 4-1. >> correct. my apologies. item five, appeal number 11-011, dean preston, appellant, verses the department of building inspection. thises and 401 divisadero street. protesting the issuance on january 10, 2011, to john brennan, a permit to alter rebuilding, a chase bank, includes window and brick wainscoting modifications, revised floor heights, revised entry and structural -- -- revisions for door and atm openings. public hearing was held in closed on march 16, 2011, and the matter was continued to allow absent board member to participate in the vote. commissioners, at that hearing, a motion was made by vice president garcia to grant the appeal and condition the permit so would be revised to reflect the plans contained in addendum number two from january 27, 2011, provided this does not cause the square footage to exceed 3999 square feet. the vote was 3-1-1 with hwang dissenting. >> i will jump in. i do wish
. >> on that motion to deny the jurisdiction request -- commissioner garcia: aye. commissioner peterson: aye. commissioner hwang: no. 4 >> -2 -- >> 4-2. >> 4-1. >> correct. my apologies. item five, appeal number 11-011, dean preston, appellant, verses the department of building inspection. thises and 401 divisadero street. protesting the issuance on january 10, 2011, to john brennan, a permit to alter rebuilding, a chase bank, includes window and brick wainscoting...
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vice president garcia: this is a different one. commissioner fung: oh, it is? then my comment relates to a previous case. i think it is up to you. president goh: if dph is willing to go to 20 days, then i will not argue with the. commissioner fung: i should have said this on the previous case, but just to inform thepublic ane only way this is overturned is if you get four boats. if you do not get four boats -- votes, so i am when to move that we grant the appeal and reduce the penalty to 20 days. commissioner garcia: all the signs indicate you would ask someone for an idea regardless what age they are. regardless of who is working the register, they asked for id from the this week. i was flattered. i think they knew who i was. no matter how old someone looks, ask for aideed for safety. >> shall we call the roll back? >> the motion is to grant the appeal and modify the suspension to 20 days. on that motion -- president goh: aey. ye. >> the vote is 4-0. the appeal is granted and the suspension is modified to 20 days. >> showing move on to the last item? president
vice president garcia: this is a different one. commissioner fung: oh, it is? then my comment relates to a previous case. i think it is up to you. president goh: if dph is willing to go to 20 days, then i will not argue with the. commissioner fung: i should have said this on the previous case, but just to inform thepublic ane only way this is overturned is if you get four boats. if you do not get four boats -- votes, so i am when to move that we grant the appeal and reduce the penalty to 20...
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Mar 13, 2011
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>> commissioner garcia, that is an excellent question. i do think that extremely technical issues are somewhat of a red herring here, but let me be clear. the planning commission was the place to raise this first, and the second place to raise it would have been the ceqa. i have heard people raise that issue of the planning commission, and i have heard commissioners concerned about something like that in cases where you have a steep slopes and things like that, so without question, -- where you have a steep slope and things like that. in regards to the ceqa process, they failed to do that in a timely manner. the geotechnical report was provided years ago. that has been available to the public for four years. never touch, never looked at, until now. there has been plenty of opportunity well before we get to this point for that issue to a been raised on a number of levels. vice president garcia: maybe i understand, and maybe i do not. if they were to go before the board of supervisors, underneath, something has to do with the geotechnical r
>> commissioner garcia, that is an excellent question. i do think that extremely technical issues are somewhat of a red herring here, but let me be clear. the planning commission was the place to raise this first, and the second place to raise it would have been the ceqa. i have heard people raise that issue of the planning commission, and i have heard commissioners concerned about something like that in cases where you have a steep slopes and things like that, so without question, --...
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commissioner garcia? commissioner fung: i believe -- not quite, yes. there are components of a permit that are appealable, i believe, to the building inspection commission. >> i've just never seen the commission revoke a permit or something like that so maybe the city attorney could share that up. >> i don't have the provision in front of me but i believe it's chapter 77 of the cold. and generally it says that permits that are not appealable to the board of appeals may be heard by the building inspection commission -- building permits. of course, there are very few permits that are not appealable to the board of appeals and there is a 15-day appeal period. they also have a late jurisdiction for the request process at the building planning commission. >> i think it's rare but it's probably allowed. the only other thing i would say on this as well is just looking at the review of the permits, i'm not so sure it got a full structural review from d.b.i. for the retaining wall. i don't see that permit signed off by an engineer at d.b.i. so i'm not sure if t
commissioner garcia? commissioner fung: i believe -- not quite, yes. there are components of a permit that are appealable, i believe, to the building inspection commission. >> i've just never seen the commission revoke a permit or something like that so maybe the city attorney could share that up. >> i don't have the provision in front of me but i believe it's chapter 77 of the cold. and generally it says that permits that are not appealable to the board of appeals may be heard by...
superintendent garcia, and president mendoza and all the board members. my name is -- smith, the parent
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Mar 3, 2011
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we thought what a great thing it would be to have an ampitheater named after jerry garcia. that is a name that has panache. it brings people from all over the bay area to the ampitheater. the calls that come in, we'd like to do a concert at the jerry garcia ampitheater and we do everything we can to accommodate them and help them because it gets people into the park. people like a lot of color and that's what they call a park. other people don't. you have to try to reconcile all those different points of view. what should a park look like and what should it have? should it be manicured, should it be nice little cobblestones around all of the paths and like that. the biggest objective of course is getting people into the park to appreciate open space. whatever that's going to take to make them happy, to get them there, that's the main goal. if it takes a planter with flowers and stuff like that, fine. you know, so what? people need to get away from that urban rush and noise and this is a perfect place to do it. feedback is always amazement. they don't believe that it's in sa
we thought what a great thing it would be to have an ampitheater named after jerry garcia. that is a name that has panache. it brings people from all over the bay area to the ampitheater. the calls that come in, we'd like to do a concert at the jerry garcia ampitheater and we do everything we can to accommodate them and help them because it gets people into the park. people like a lot of color and that's what they call a park. other people don't. you have to try to reconcile all those different...
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de refiero a alan garcÍa, a toledo y a la familia fujimori. >> usted hablaba del presidente garcÍa ye devuelva el favor y lo ayude a hacer el nuevo presidente de perÚ cosa que la mayorÍa del paÍs no quiere. >> vladimiro montesinos, el ex asesor del presidente fujimori ha amenazado con recuperar la memoria, esto le puede afectar a fujimori? >> creo que esto es una maniobra. los problemas internos dentro de la agrupaciÓn polÍtica se deben resolver internamente, a mi no me cabe duda que montesinos es parte del grupo de fujimori y si estÁn sacando a la luz este tipo de cosas es para jalar prensa y para que la congresista fujimori haga un diÁlogo pÚblico con montesinos. >> la primera vez que conversamos en perÚ u ta preguntes le quiero repetir, tiene usted un problema familiar, su padre fue atacado de homofobico, su urbano habla de la supremacÍa indÍgena cÓmo va a hacer usted para separarse de estos dos y que la gente no crea que usted tiene las mismas ideas? >> el que se estÁ postulando suyo y no mi familia. hoy he ampliado mucho mi familia, tengo 30 millones de hermanos y no pudo detene
de refiero a alan garcÍa, a toledo y a la familia fujimori. >> usted hablaba del presidente garcÍa ye devuelva el favor y lo ayude a hacer el nuevo presidente de perÚ cosa que la mayorÍa del paÍs no quiere. >> vladimiro montesinos, el ex asesor del presidente fujimori ha amenazado con recuperar la memoria, esto le puede afectar a fujimori? >> creo que esto es una maniobra. los problemas internos dentro de la agrupaciÓn polÍtica se deben resolver internamente, a mi no me...
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Mar 19, 2011
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thank you, vice president garcia and commissioners. so, the specific location was selected because it was one of the very few poles available in the area. many of these trees are underground. the streets directly to the north and south are both good and excellent streets. we knew that it was an architecturally significant building. this was approved. just so you know that no balls are being hit in here, this site as a condition of approval was required to be flush-mounted. as mentioned, we have all of the redesign done for flush mounting and we have the brackets on order to do this. i would ask if the contractor should go out and fix this one immediately. we have not been touching on any of these sites. so, in this situation, this is not in compliance and it needs to be fleshed out and those things will be done when the permit is reinstated. they did best without an issue because the permit was properly granted. there has been no errors discovered because that implies that there is one. we have looked at a map and this has been correct
thank you, vice president garcia and commissioners. so, the specific location was selected because it was one of the very few poles available in the area. many of these trees are underground. the streets directly to the north and south are both good and excellent streets. we knew that it was an architecturally significant building. this was approved. just so you know that no balls are being hit in here, this site as a condition of approval was required to be flush-mounted. as mentioned, we have...
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vice president garcia: mean staff at -- you mean staff at dbi? >> we would be looking at all the geotech plans and calculations. all of that should be reviewed thoroughly and then built accordingly. it should be designed not to have any problems with water. commissioner fung: -- vice president garcia: thank you. >> i think we should call for public comment since we have heard from various speakers. is there any public comment on this item? seeing none, the matter is yours. if we move into deliberation, i need to tell the folks who are standing up the need to have you take a seat or move to the overflow room across the hall. the cannot have that door with blocked. thank you. commissioner fung: i can start. the issue before us, i think the request from the last hearing was whether to accept this appeal. the reason why we would even debate that is the issue of whether the permits were as a result of the conditional use that was granted for this particular property. our efforts to request additional information was to see if there were potentially co
vice president garcia: mean staff at -- you mean staff at dbi? >> we would be looking at all the geotech plans and calculations. all of that should be reviewed thoroughly and then built accordingly. it should be designed not to have any problems with water. commissioner fung: -- vice president garcia: thank you. >> i think we should call for public comment since we have heard from various speakers. is there any public comment on this item? seeing none, the matter is yours. if we...
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vice president garcia: i agree with everything that has been said. it was an interesting mental exercise to determine whether there is a level of review. it would seem the charter must of anticipated, or the writer of the charter must have anticipated that plans could change after a cu was issued and have decided that review level should reside with either dbi or planning. i would move that will not grant jurisdiction. >> we have a motion to deny jurisdiction. on that motion -- commissioner fung: aye. commissioner peterson: aye. commissioner hwang: aye. >> thank you. the vote is 4-0. the jurisdiction requests are denied. moving on to item 4c, hearings report related to the property on taraval street. greg schoepp book in a rehearing. the board voted 4-1 to revoke the permit and then 5-0 to adopt findings. the project is a new medical cannabis dispensary with minor interior alterations. we can start with the requestor or his attorney. you will have three minutes. >> good evening, commissioners. i am here on hot -- on behalf of bay area compression at
vice president garcia: i agree with everything that has been said. it was an interesting mental exercise to determine whether there is a level of review. it would seem the charter must of anticipated, or the writer of the charter must have anticipated that plans could change after a cu was issued and have decided that review level should reside with either dbi or planning. i would move that will not grant jurisdiction. >> we have a motion to deny jurisdiction. on that motion --...