commissioner hwang: where is that? >> i can put it of further -- under the overhead, if you would like. commissioner hwang: sure. if i could have the overhead, please? so we have general groceries, which include a diverse variety of complimentary food and non- food commodities. we have specialty groceries, which are similar but are generally considered -- he shops, confections, etc.. -- tea shops. tobacco and magazines, self- service laundromats, household goods -- commissioner hwang: is that list considered exhaustive? >> it depends, because there are so many variations and so many creative applications of business establishments that may fit under this use. it may fit under a restaurant use. it is not exhaustive. there may be something else we apply under this category. commissioner hwang: thank you. commissioner.-- commissioner fung: mr. sanchez, historically, we know that banks had a moratorium against them, or there was definitely a c.u. of some form. since this came out in 2004, has this occurred somewhere in san

commissioner hwang: i have a question on the signatures. were you gathering the signatures of the people who lived in the subject building? >> we did not. it is not a public access t requires permission to enter. i obtained the signatures byer. going door-to-door and knocking on people's doors. commissioner hwang: thanks. >> one thing should also -- >> vice commissioner garcia: you will have to wait to. you have three minutes coming up later. >> the housing authority? >> good afternoon. my name is marie swanson. i am the property manager. it is the housing authority's position at this time to not remove the trees unless it is found by the department of public works urban forestry that the trees are either diseased or dead. >> thank you. ms. short? >> thank you. carlos short, department of public works bureau of urban forestry. i probably will keep my comments brief and be happy to answer any questions. the department was initially approving these trees at the request of the housing authority. if they are not supporting removal at this time,

commissioner hwang: thank you. >> we will hear from mr. junius now. >> i am here on behalf of the permit holders and project sponsors. let me start with just the basic premise that what we provided in our pocket where the approved conditional use plans and the approved building plans, and the fragments of plans that were produced by susan were in between those. there were clearly, from the time that we got approval at the planning commission to the time the building permit was issued -- a lot of things happened. a lot of permits had to get prepared. the foundation permits, the architectural permits, a lot more drawings in process right now and being planned checked. the sequence of events was essentially as follows. we worked for almost three years with mr. dimartini to get an agreement we thought we could get. we got that arm for other properties. we are working fine with them. we are going to do a different foundation system with respect to the retaining wall. it did not happen here. after the planning commission approved the project, we

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 president to designate the transcript of the of

commissioner hwang: what do you mean by that? >> the change to the containing wall and the parking spaces, -- the change to the retaining wall and the parking spaces, at that time, there was one application pending for 2008. we believe they were all changed by the building permits and retaining wall and excavation changes that have happened in the last eight months. certainly, the september 2010 permit should not be considered to be part of anything to do with the cu timing wise. it is really confusing. if i am not making it clear, i am sorry. .

commissioner hwang: ok, and another question on the palm droppings. is that left to the property owner to clean up all of the time? >> yes, and i will say that we do not recommend planting fruiting trees in the public right of way. president goh: and yet, we have them all over the city. >> yes, but some of the fourth drop is not as substantial as others. -- some of the fruit drop is not as substantial as others. commissioner hwang: is there any way to stop the fruiting? >> there are hormone injections. commissioner hwang: is that something you can do? >> we would be open to it. it is not something you would do once. it is annual. commissioner hwang: it is done annually? >> they may not have been trying to get fruiting plums. they may have been trying to get ornamental ones. it is not an exact science. vice president garcia: these trees, have they reached their effort -- their mature growth? >> they will continue to grow. vice president garcia: as to the issue having to deal with the stop sign that is partially blocked, right there, in the middle of th

commissioner hwang: i will start. it seems to me -- this case is different to me than a case where i believe it is more that an applicant falsified records in order to get a medallion. this looks like to be an audit, and i would have to agree that the punishment is pretty severe, the complete revocation of the medallion. that seems intense. i mean, if you are audited, if your work is audited, you would hope that you would have an opportunity to improve first, so those are just some general thoughts that i have. vice president garcia: i totally agree with commissioner hwang. the council for the appellant. it seems like an odd case for the mta to bring forward for a relocation. something like a fine. prior to 2006. that is a little bit cloudy. certainly, his record since then. i would be opposed to upholding the department depending on the comments of others. commissioner fung: i am in agreement with the department in a sense that it is the responsibility of the medallion holder and the drivers to document their driving

commissioner hwang: thank you. >> it could

: , -- commissioner hwang, commissioner peterson is absent. it is continued. president goh: we are going to take a moment to clear the room. canada, of, of [approximately 2125]

commissioner hwang: thank you. commissioner peterson: i do not know what the process is, but i have a car parked in the garage. vice president garcia: you have to have it up by midnight. -- have it out by midnight. >> one of the permit holders. a couple of issues that are raised that the tenants were kicked out. you have received letters from the previous tenants. january/february 2008, the issue of the north can handle news, where the area was surveys, the neighbor said that a desirable business for the business would be a bank, so it is hard to say how one can predict that. the space measurement issue, the space is measured by the standards, which measures the outside walls, a conservative message -- method. the space itself could not be measured at this time. it was not billed out yet, so the area in question that has the hallway and all of that, the space for the storage, the maintenance equipment for the owner is not there right now, and the atm vestibule is not added, the square footage that was there. that w

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 that contract, you should tell us now. >> i do not know the answer to that. i am not quite clear whether or not -- i know there was not a direct contract between cbs and a communities at the time. -- and bay communities at the time. that is probably what led to the confusion in filing for the permit.

commissioner hwang: what do you mean by that? >> the change to the containing wall and the parking spaces, -- the change to the retaining wall and the parking spaces, at that time, there was one application pending for 2008. we believe they were all changed by the building permits and retaining wall and excavation changes that have happened in the last eight months. certainly, the september 2010 permit should not be considered to be part of anything to do with the cu timing wise. it is really confusing. if i am not making it clear, i am sorry. .commissioner hwang: ok. i may have questions at another time. >> i am nearby. director goldstein: sir? >> i am with the property owners and permit holders. i want to back up. i have been doing this for a long time. i actually have never had the opportunity to argue this point. it has been a very clear world to be under the charter for a long, long time -- it has been a very clear notec clearl -- a very clear rule. once you are there, the entire project is before the planning commission, an

commissioner hwang: does that include suspension? fines were not imposed. vice president garcia: a, b, and c. in other words, what we are hoping to get a negotiation by the two parties. director goldstein: commissioner garcia, how do you want that brought back? testimony? vice president garcia: testimony? president goh: testimony is fine. 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:

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 final review, it makes sense to me. and we have heard mr. sanchez state that there is a pattern here. i would like to see if there is actual evidence, not hearsay. vice president garcia: i feel somewhat differently, commissioner, because i think it would be entirely appropriate for us to look at whoever is responsible for making certain that nextg is responsible and to extract whatever flesh. in terms of the correct levels of review, i believe they did go through the proper levels of revie

on that, commissioner fung, commissioner hwang, commissioner peterson. vice president garcia, though it -- there is no further business. [gavel] director goldstein: the meeting is adjourned. don't say at. that's n true. leftanded people are a little bit mo creativ [laughter] i'm gonna say nothing. [telephone rinng] mom: you left-handed people are smart. they a, mom! do we ve to eat that? dad, dyou want me to get the phone mo no. annocer: every year, onmilliofamilies face ng their homes to forecsu. if you're igring your mortgage issues, things will only get wse. ll 1-888-995-hope. because nothing is worse than doing nothing. announcer: this is sarah watkins. a lot of people almost helped her. one almost cooked for her. another almost drove her to the doctor. still another almost stopped by to say hello. they almost helped. the almost gave of themselves. but almost giving is the same as not giving at all. >> this morning, everyone, and welcome to the 2010 s justice some of. there must be justice. i want to begin -- to the 2010 justice summit. there must be

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 mr. duffy were here. i have a question for him about the square footage better -- measurements. i did wa

commissioner hwang: i reviewed by television the hearing on march 9, 2011. a very interesting case, complicated. the issue before us i thought was relatively limited. unfortunately, the additional evidence from the requestor did not convince me we had jurisdiction. i think there are interesting issues in this. but i think in terms of a pure jurisdictional review of this that we do not have jurisdiction and that these permits are indeed tied to the cu. -- commissioner peterson: commissioner hwang: i think the jurisdiction requestor made a very compelling case. i think it was troubling to learn there is no further level of review for permits of this -- for additional permits that are not part of the original permits. but i think after reviewing the submission by the project sponsor, i felt persuaded that the issues raised by the request your with respect to the retaining wall and the water are part of the cu project. i feel prepared to uphold. vice president garcia: i agree with everything that has been said. it was an interesting mental exercise to determine

commissioner hwang? commissioner hwang: aye. >> thank you. jurisdiction is granted and a new five-day appeal period is now created which ends monday. next monday. thank you. >> moving on then to item 4 e. if you could call that item please. >> 43, a jurisdiction request. subject property at 2601 van ness avenue. we have a letter from terry tong, agent for l.f. george scrux corp, questionor, asking that the board take jurisdiction over the denial of b.p.a. number 9816040. the notice of disapproval from the d.b.i. was dated february 3, 2007 and the appeal period lapsed on february 18, 2011. and the jurisdiction request was received at the board office on february 25, 2011. project, to erect a six-story 27 unit residential building with commercial space. >> i think we'll start with the zoning director. president goh: and that was with the consent of the an late. >> thank you. scott sanchez, planning department this. is a complicated case given the history so i wanted to try to frame it as best we could. this involves several entitlements over th

[berl -- bell] commissioner hwang: how long has this site and operable? >> since november 18. under the old law, it is not a sign of completion. under the new law, it is basically saying it is complete. commissioner hwang: so under the old law, it has actually been functional, but prior to that time, it was not? >> prior to november 18, no, it was not functional. commissioner fung: how many of your facilities require some type of modification, in terms of the antenna and in terms of the flush mount. >> i know we have seven under the 3-g and trying to do some quick mathematics, we had some for the 4-g network, and i believe of the panel antennas, a lot of sights of a different condition on them. it did not essentially change it. not properly reflected or they were never updated, and i think with those flush mounts, from looking at them, there were probably about 10 out of 65. those are the ones that we still have the parts on order. " they have not been completed yet. commissioner peterson: i do not know much about your company and how many people are employed, but i get a sens

>> i don't need it repeat it. >> on that motion -- >commissioner hwang: no. commissioner peterson: aye. >> 3-2. it needs four votes to pass. it will be upheld by operation of law. thank you, commissioners. we will move on to item number six. appeal number 10-126, richard ravibbitt, verses department of public works bureau of st use mapping. golden gate avenue, protesting the issuance on october 29, 2010, to university of san francisco, minor sidewalk encroachment permit, a chain fence and retaining wall encroaching 6 feet onto the sidewalk right of way for a distance of 389 feet. the public hearing was held on january 19, 2011. it is for further consideration today. the matter was continued to allow time for the department of public works to submit additional information pursuant to the board's comments, with additional briefing allowed. we will start with the department of public works. each party will be given three minutes to address the board. >> members of the board, the department submitted findings of a few investigations on to your 22, where we identi

goh, commissioner peterson is absent, commissioner hwang. director goldstein: welcome back to the march 9, 2011, meeting of the board of supervisors. we will have our last item. secretary pacheco: and no. 9, appeal number 10-108, richard and cher zillman versus the historic preservation commission, for the property located at 280 divisadero street, appealing the denial of a september 1, 2010, to the appropriateness. this is case number 2008.0312a. >> i did do a site visit. it looked to me that the windows were original. the roof was a mansard type. there was a seam, the owner pointed this out to me, which could have been from a larger door being there. that was a seam in the siding. the ceiling and walls had apparently been clad with wood, which was then stacked against the walls. there was a second floor, and we could see upstairs. there were scares that had been leading up their that were painted but -- there were stairs. they had been removed and were laying there. there were three fixed windows in the rear of the property. they appear to

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 the benefit of the permit holder and the benefit of the codes of the city, so that when work starts all issues having to do with the house are pro

la cabeza, le tiraron un botellazo, salieron ahi tirandole las botellas en media calle 36:17 victor hwangsistente de la fiscalia de s.f. 11:27 not prior contact, cinco hombres atacaron por detras a uno de los jovenes. lo tiraron al piso, le dieron punetazos, patadas en la cara y lo mantuvieron atajado pisandolo con botas, hasta que perdio el sentido...su primo al tratar de ayudarlo tambien fue asaltado...les gritaban" brincador de fronteras" y white power o poder blanco. george gascon/fiscal de san francisco 12:54 palabras que son asociadas con gente que son grupos antiinmigrantes,supremacistas blancos 13:02 el fiscal de la ciudad george gascon dijo hoy que hay un incremento en los crimenes de odio y en la actividad de grupos supremacistas en san francisco y que este hecho podria no ser el unico... 13:55 si hay personas que estan ahi que han sido asaltadas que han sido victimas de estos tipos de crimenes pero tienen miedo de reportarlos por cuestiones que a lo major pueden ser deportados, que no se tienen que preocupar de eso 14:07 pilar nino 29:23 ironicamente los jovenes se encontraban

secretary pacheco: [reading roll] commissioner hwang is absent. the vote is 4-0. the appeal is modified to 15 days. thank you. deputy city attorney. -- deputy city attorney: we can move on to item number eight. mr. pacheco, you can call it when you are ready. secretary pacheco: item number eight, 10-141, abdelhalim fadi, 912 geneva avenue, a suspension for selling tobacco to minors, fd-10-49. deputy city attorney: you have -- minutes. >> indicating he sold tobacco to a minor on september 30. this is the only incident of a violation for mr. fadi, and as you can tell from the name of the business, "house of cigarettes," 90% of this business is cigarettes. he does sell some telephone cards, as well. he has no record of a prior violation. the circumstances surrounding the sale is that the person came into the store in mr. fadi did not check the i.d. he just returned from a trip to jordan because his mother is ill there, and he was jack led -- jet lagged. he was approached for the violation. he is responsible for the support of his family, his wife and two children. he

the ellington, judy hwang, calvin trang, ernest stortz from power, cheryl chan, jesus perez. >> i am the district for youth commissioner. i go to school in the sunset. most students do not work. since right now there are no such things as neighborhood schools anymore, we all have to bus to school. school buses in high schools are being cut right now. i hope a youth fast pass can be implemented. even though it is not for all youth in san francisco, i believe this is a great start. thank you. >> i am a youth commissioner as well as a student at balboa high school. i believe the voice of youth should matter and does matter in the democratic process of san francisco government. the duty of the commission, according to the city charter, is to meet the needs of san francisco youth and look for possible policy changes to meet those. that is why we are here today on valentine's day. i have met with mr. chu from the san francisco unified school district. i understand the hardship about how to implement this. as a youth commissioner, i would love to work with the board of supervisors, sfmta, s

on that motion, commissioner fung, president goh, vice president garcia, commissioner hwang is absent. the 45-day suspension is upheld. deputy city attorney: we will move on to item seven. mr. pacheco, if you could call the item, please? secretary pacheco: item number seven, pei xia fung, doing business as variety convenience store, 1546 market street, appealing a 25-day suspension of the tobacco products sales establishment permit imposed on december 8, 2010. deputy city attorney: you have seven minutes. please speaking to the microphone. >> my name is pei xia fung. 25 days is too long. i did not check the ied region -- did not check the id. i know what i did is wrong. the worker was taking the sun to the doctor.

commissioner hwang: i will make the motion to deny the appeal. a poll the department. -- uphold the department. commissioner fung: aye. vice commissioner garcia: aye. commissioner peterson: aye. >> the motion carries 4-0. calling item 6, appeal 11-004, jeff and nicole cooper, protesting the issuance on september 8, 2010 to nextg network a wireless box permit. it is on the calendar today. starting with the appellants. >> my name is jeff cooper. my wife and i own a home. we are appealing the permit that allowed nextg to install wireless equipment on our block. in our jurisdiction and request a hearing on generic of 2011, nextg said, "we are a nation of laws." it said is heard -- it said it is her job -- she said it was her job to make sure the law was followed. the law was not perfect but followed in this instance. the p.w. made a statement affirming a mistake was made. this is a good view street. as a result, the planning department review is required. this review did not happen. what does this mean? it means that nextg has partly constructed an a

commissioner hwang: i want to disclose that i also did a site visit, and all of the things that president goh observed, all of the bags on the windows. i did not observe the framed in windows. commissioner fung: i will disclose that i made a site visit. i walked through the main building from the street rule, and i went into the rear yard and entered into the rear structure and buildings. -- i walked through the main building from the street. vice president garcia: i climbed the steps across the street on divisadero so i could have a vantage point. director goldstein: thank you. >> good evening, president goh, commissioners. i am the applicant. we bring you a beautiful project. you are our last hope. i beg you, please, do not leave us with a design choice by the city that we will not be comfortable looking at for the rest of the days. -- the rest of our days. now, i would like to introduce our attorney. >> thank you, and to my right is an associate attorney in my office. when the voters several years ago created a new historic preservation commission with a real veto powers on projects, m

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 health centers. thank you for your time and consideration. the issue i want to address about safe and equal access to medication. since the original hearing in november on this matter and the subsequent adoption of findings in february, the facts on which the board of appeals based their decision have changed. the primary factor will change with the deletion of any reference to the letter from captain schmidt, suggesting that mcds are attractive to criminals. it was the basis for the board of appeals concluding that the safety risks posed a unique threat b

commissioner hwang: i for many of the same reasons would feel the same way. to the extent that it is a moving target as to what the problem is every time, i find that to be deeply problematic. it does appear, when you came before us before, you are trying to address some of these novs. for this reason, i would move to uphold the permits that are issued. >> the motion is to deny the three appeals and uphold the three permits. commissioner fung: due to the fact that they are responding for an nov. is that acceptable? >> on that motion -- commissioner peterson: aye. vice president garcia: aye. commissioner fung: aye. >> the motion carries 4-0. [applause] we can move on to itunes -- items 9a and 9b, dean preston versus -the department of building inspection, a permit to alter a building, at chase bank. it protests a permit to install awnings, the window and brick wainscot and modifications, revised floor heights, and revised and reconstruction revisions for the door. we'll start with mr. preston. vice president garcia: mr. preston, can i make the same plea to you

commissioner hwang will be absent this evening. at the controls, we have our legal assistant and a legal process corporation. we are joined by some department representatives. the deputy director of building inspection is here, laurence kornfield. next to him is scott sanchez, zoning and a stricter -- zoning the administrator. we are also joined by dr. ojo of the department of public health. please conduct the swearing in process. >> the board requests that you turn off all phones, beepers, and pagers 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 rebuttal. people affiliated with these parties must include their commons within this time. members of the public who are not affiliated have up to three minutes each to address the board, and no rebuttals. to assist in the accurate proportion of minutes, members of the public are asked but not required to submit a speaker car