commissioner hwang: dr. ocho, does the fact, whether it is true or not, that the individual who sold cigarettes to a minor was an employee, is that of any relevance to the department of determining culpability? >> not at all. commissioner hwang: thank you. vice president garcia: occasionally, i think the public tries to ascertain if there were mitigating circumstances. if it would be well known to the department that the story presented was accurate, would that have influenced dph? >> say that again? vice president garcia: i am sure at times dph takes into consideration mitigating factors, and it was well known but this gentleman did not work there and the story presented by the other was absolutely factual, that might have mitigated the that was imposed, correct? >> i am not too sure if the department, at if the director considered that during the course of the hearing. there are other factors that would normally consider to reduce the penalty that would have been levied on the appellant. whether or not the

commissioner hwang: what of the studies? >> we have been working on it with our mechanical engineers, trying to reduce the size of the room. it is in the interest of our client to do that. based on what is required and where the design is at this time, we cannot guarantee that we can squeeze this any further. we have to have allowances for every part of the building. commissioner hwang: you can design it anyway you want it, right? >> no. commissioner hwang: i want to understand why you cannot design around that. >> because it is not a normal mechanical system. we are trying to reach the leed platinum standard. so we have additional physical mechanical requirements in addition to what a normal building would have. we put those mechanical requirements at the back of the building in order to draw air in and exhaust air on each floor. here is the rest of it. the way highrises work, we have a performance-based engineering structural system that is not fully designed yet. when it is fully designed, it goes to the building departme

commissioner hwang: okay. president goh: and the one across the street, newman street, do you know when those buildings were constructed? >> i don't know. president goh: and do you know when the lot was split? >> i don't know. president goh: not within the time that the andersens were living there? >> no. president goh: okay, thank you. commissioner fung: the building on the corner that was constructed in 2000, were there special entitlements related to that? >> no, there were not. commissioner fung: there was no planning? >> the planning department reviewed the drawings and signed off on them, with no comment. commissioner fung: thank you. >> thank you. mr. sanchez? >> thank you. good afternoon. scott sanchez, planning department. just some overview, it is 161- 165 newman street, located within rh-2, two-unit density zoning district, located within the vernal heights special use district. i think this is the first variants appeal that the board has heard that i conducted the hearing since the start conducting

commissioner hwang: okay, thank you for clarifying. just for the record, i did appreciate the clarification and the doling out of punishment on these types of offenses between alcohol and tobacco. it is not our place here to make the policy change. i would stick to my sentiment. president goh: is there a motion? vice president garcia: suspecting it will fail, i move that we will uphold. >> you are going to grant the appeal? vice president garcia: grant the appeal and reduced the penalty to 20 days. >> ok, thank you. if we could call that motion, please? >> on that motion from the vice president to grant this appeal and reduced the 25-day suspension to 20 days. on that motion -- [roll-call vote] thank you. the vote is 3-2. four votes are needed to modify any department all action. so the 25-day suspension would be upheld. >> should i call the next item? president goh: yes. >> appeal number 6, appeal number 10-26, richard rabbitt vs. the department of public works. protesting the issuance on october 29, 2010 to the university of san fran

commissioner hwang: i have to interrupt you. the part that i want to get clarification on, as i understand it, and i could be misunderstanding it, it could be right up to the property line. is that correct? other than the 60 you have on the building? >> i am sorry. i do not know from the top of my head. commissioner hwang: what you are saying is that you would prefer that. you would prefer them going.com -- going there? >> i was just extemporaneously saying that we may come to a conclusion that that was a better designed for us and that because of that the setback on the upper floors -- commissioner hwang: can you address coming in late with these discussions? >> it was my understanding that they had a meeting. the design has not been changed or modulated. we thought there were deficiencies with the alternatives. we have for months been actively involved. commissioner garcia: if it were, in order to get the same far, go seven stories high air compaq and let's say it is 17 stories higher, one, you would lose the passageway. >> if

commissioner hwang: thank you. president goh: i am looking at the april 16 contract that itemizes the various things that were meant to be done. under the concrete framing, for example, there is "remove concrete slab at restaurant. install ada ramping, steel. install railings, 3/8 inch." all of that sort of sounds like forming the foundation of the restroom. my question for you is how long would all of what i just said typically take? >> i am not so sure i could answer that question. that would depend how many people you had working in the space and how many hours a day. it is too difficult for me. president goh: i have another follow-up question. i am talking about removing concrete. there are a lot of people who would take a certain amount of time. with that kind of thing typically happen before one redid plumbing, if one were interested in reviewing plumbing? so you would expect that kind of foundational stuff i just talked about what happened before the plumbing? >> it sounds like if you are breaking out a conc

commissioner hwang: okay, thank you. president goh: thank you. >> ok, we can hear from the permit holder now. >> i am the structural engineer for the project. we just want to make sure the commissioners understand that we have followed all of the planning and building procedures when applying for the building of this, which is three warehouses'. we applied in march of 2009. the process has taken some time. there was notification. that notification, as you commissioners know, is handled by the planning department. they don't even trust the product sponsor the venture that will notify everyone, so they do that. the neighbors knew this proposed project is on to take place. as we all know in san francisco, most buildings don't have a setback. you are to rely on your own property for accident, like, ventilation -- 4 accident, white, ventilation. the other thing, but potentially the neighbor could do, is introduced eyelets and other things, but unfortunately, our development meets all the planning and building codes and is usi

commissioner hwang: it says eric krebs. >> we usually let people appear. there is no board rule to prohibit that. if there was evidence brought forward that suggests that he did not have authorization to represent the appellants, the board could reopen the case at a rehearing, but there is nothing in the board rule, but i do not believe there is anything pitt that would prohibit it. -- anything that would prohibit it. commissioner peterson: it says eric krebs, and then it says bad it is the san francisco citizens against building permit from, as if they are representing themselves. commissioner hwang: i guess the paper that was submitted was for the entity. president goh: we have never had an objection, so i am inclined to go forward. let's just go forward. >> i was here earlier this evening representing another protest, and he has filed four protest with fraudulent names, and that is why there was no appearance earlier. there are two more more -- more permits than he has been protesting. vice president garcia: you are protesting another permit. >> he is n

commissioner hwang: move to deny jurisdiction. commissioner fung: great, that is my motion. >> we have a motion from commissioner fung to deny at the jurisdiction request. call the roll. about on that motion from commission fung to deny jurisdiction -- [roll call vote] thank you. the vote is 4-0, jurisdiction is denied. thank you. >> ok, just remind the audience, items 5a and 5b have been pulled off the calendar because those matters were administratively dismissed. item number 6 also has been pulled off the calendar. that matter was continued. to may 25. that is the taxi case. so we will move on to item number seven, which is

commissioner hwang: i'm sorry. i did not follow the last. >> the attorney read off names of the people that were on the board at the time. those entities she was reading off their website, what they do and what they provide -- they dispense drugs in the facilities they own and operate in the neighborhood. therefore, they have a vested interest in what was being said and done. i say a vested interest, because the have properties. they represent the property owners. the community -- the community benefit district. commissioner hwang: the person who spoke prior to you was a representative of that group. >> right. there were other meetings. i am a founding member of the cbd. i was there five years ago as the interim director for the cbd. we did not form it to be planning for the tenderloin. it was to represent -- the things she outlined in her little brief are what the cbd does for the neighborhood, but it is a non-profit. it is not to plan. >> thank you very much. >> next speaker. >> good evening, commissioners. i am

commissioner hwang: you don't know? >> i don't. commissioner hwang: thank you. >> thank you. mr. sanchez? >> thank you, scott sanchez, planning department. the planning issues here are relatively straightforward. subject property is located within a pdr-r zoning district, which is one of our highest intensity industrial zoning districts, 65-foot height limit. the subject property is full-lot coverage and that is permitted within this zoning district. these issues to come up. the conflict between existing established uses, especially if they are of a non industrial character, and new industrial uses coming in. in this case, it is maybe not so much about the type of use that is going in, but rather the building and property line issue, which as the board knows is not something the department generally involves itself in when it comes to conflicts about property lines. i think it is relatively straightforward from the planning point of view. there was adequate notice, to all occupants within three qaddafi, for the environmental review. -- to all occupants within 300 feet. there woul

commissioner hwang: do you have to conserves in this area? -- different concerns in this area? >> it does not matter if it is a liquor store or a day care. there are a lot of service providers on that block. there are the people in the self-help center. commissioner hwang: i think you. -- thank you. >> thank you. >> you can start your rebuttal now, mr. waggoner. you have three minutes. >> just a few points. one is earlier some of the commissioners touched on the discrepancy i raised in my brief tonight, between $40,000, 103 puzzlers. -- $103,000. mr. forte drafted a business plan. he estimated construction costs of $100,000. exhibit 16 in the april 16 contract, costs were estimated at $103,000. i would respectfully suggest to you that was definitely not undervaluing. the have a very specific idea and were only off by a few thousand dollars. i do not how you undervalue from 40 to 106. vice-president garcia asked me earlier -- if ms. morgan had complained prior to may 24 -- the answer to that, i can be more specific. she did in fact call dbi prior to may 24, and was told that the

commissioner hwang: aye. that motion is granted. mr. flanaga, you have five days to file an appeal. it will and the close of business monday, april 25. please be aware of that time frame -- timeframe. you can send somebody on your behalf to file if necessary. ok. we will move on to item 4c, another jurisdiction request. subject property at 1550 and 1552 jones street. letter from eric montoya, requestor, asking that the board take jurisdiction over bpa number 2011/02/02/9512, which was issued on february 15, 2011. the appeal period ended march 02, 2011, and the jurisdiction request was received at the board office on march 23, 2011. permit holder, nob hill vistas llc. project, kitchen and bathroom remodel, living room and bedroom remodel, install new kitchen appliances and w/d, install new lights and outlets, install new forced air, add bathroom, remove one wall between kitchen and bathroom on both units on third floor, new roof joists on both units on third floor. we will start with mr. montoya. is there anyone here on behalf of the requestor? ok. commissioners, we can certainly inv

we're also joined by commissioner frank fung, chris hwang, and tanya peterson. we also have the deputy city attorney, who will be advising the board this evening. to my right is the legal process clarelk. -- clerk. we're joined by department of representatives in the front row, scott sanchez, the zoning administrator representing the planning department and planning commission, we're joined by the assistant to the zoning administrator, the senior building inspector representing the department of building inspection. john is the manager representing the department of public works bureau of st use and mapping. at this time, i will go over the meeting guidelines and conduct the swearing in process. the board request that you turn off all cell phone so there will not disturb the proceedings and that you carry on conversations in the hallway. the roles of presentation are as follows. the permit holders and respondents each have seven minutes to present their cases and three minutes for rebuttal. people affiliated with these parties must include their comments within

commissioner hwang: thank you. commissioner fung: mr. sanchez, the smaller building, what use to beat i guess a bungalow, runs pretty much to the rear property line? so the only setback with respect to the property line would be the portion of adjacent to the other building? >> rebuilding would have approximately 3-4 foot setback. i can put that on the plans, on the overhead. so the yellow is the rear building you are refering to. the 9 foot yard, in which the stairs go around. there is 4 foot 6 inches at the rear, and this is probably 3-4 feet to the property line. it would be constructed. the building which was built, completed in 2000, occupies nearly the entire front lot and would leave a 5 foot rear set back. commissioner fung: okay, so when they did the new buildings and it satisfied the rear yard requirement so that the existing bungalow wound up being nonconforming use at that point? >> well, that building would have been non complying at that time, as well, because of publication on the property. even if we were to have had the

>> aye. >> and commissioner hwang? >> aye. >> thank you. the vote is 3-1 and the suspension is upheld. >> ok. then i'll call item 10, appeal 11-042, doing business as u.s. smoke shop versus department of public health at 415 ellis street, this is appealing a 25-day suspension of a tobacco product sales teabt permit imposed on march 9, 2011. the reason for suspension is selling tobacco products to minors and this is director's case fd-011 h5n1 19. mr. aldohmi, you have seven minutes. if you need a translator, you can have more time. >> ok, my name is saleh aldohmi. >> please bring the phone down. >> i'm here for the first time. my customer, a lot of crazy people. nobody come in underage. some come in underage, this is not a smoke shop, get out. but come in the morning, i wake up, i'm open -- the first day i hope 5:30, he come, he talk me marlboro lights. i not i.d. him but he told the lady, he looked tall the first time i do it. my customer, too much problem, a lot of crazy people, homeless , good customer, nobody do nothing. [inaudible] >>

. >> on that motion, commissioner hwang, grant to suspension from 25 to 20 days. commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. you are so lost. no, i'not, man. dude! i dropped my phone. oh, the road! whoa. yeah. you know what i'm saying. how would you like to save your life from an ugly reckless driving death? don't answer yet, there's more! act now by slowing down and we'll guarantee you complete satisfaction! kids: that's awesome! announcer: in the real world... passenger: whoa, andy, slow down! because we have a great waste water system here in san francisco, we do about 80 million gallons of waste water here in san francisco, which means we basically fill up 120 olympic sized swimming pools each and every day here in the city. we protect public health and safety and environment because we are discharging into the bay and into the ocean. this is essentially the first treatment here at our waste water treatment facility. what we do i

. >> on that motion, commissioner hwang, grant to suspension from 25 to 20 days. commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. >> a good afternoon, and welcome to the rules committee meeting. joining us are supervisors elsbernd and farrel. we would like to acknowledge sfgtv and the transcripts they make available online. >> the items on the agenda go to the board on tuesday unless otherwise indicated. >> item 1, confirming the appointing of jane wu to the -- >> can you please introduce yourself to the committee, and talk about your interest in serving in this commission. >> i know you have a long agenda and i will be as brief as possible. you have a detailed by a. a couple of things i wanted to register with you. i was born in sydney, australia and have lived in japan and hong kong, and went to school for 12 years -- but i have lived in san francisco longer than any other place in my life. this is a gateway to the pacific. i love the n

. >> on that motion, commissioner hwang, grant to suspension from 25 to 20 days. commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. commissioner mirkarimi: good morning, i'm ross mirkarimi, joint joined me with me is super swriesor cohen, supervisor campos is absent away for business. we'll want to take a motion in a second to excuse his absence. i don't expect this to be a very long meeting as i am also concurrently sitting on the budget and finance committee which is meeting across the hall. i'm happy that we are able to deliberate on two important items. before we start, can i entertain a motion for the excuse of supervisor campos? motion. woid, so moved. madam clerk, good morning. please read item number one. >> good morning. item one, resolution authorizing the department of emergency management as primary grantee and fiscal agent for the capital-bay planning area to retroactively accept and expend a fiscal year 2010 interoperable emer

commissioner hwang: i will withdraw my motion because it will result in the same thing, and is neither here nor there for me. president goh: just for the record, i would be inclined to grant jurisdiction after a continuance, because i think the jurisdiction requestor or the building inspector said there wall and the to do what they want. and because i think that posting notice on the second floor is insufficient. but i don't think it will make a difference on this outcome, so let's go ahead. >> we will call the roll on the vice-president motion to deny the request. president goh: yes. >> on that motion from vice president garcia to deny the motion on the jurisdiction request -- [roll call vote] thank you, the vote is 2-2 to deny the jurisdiction request. >> if know whether motion was made, the request would be revoked because of operational law. shall i move on to the next? ok. it thank you all. president goh, i understand from mr. duffy that he is willing to reduce the penalties associated with item number 8. if we could call that item now, what could have those individuals able to le

. >> and commissioner hwang? >> aye. >> thank you. this satisfies the appeal and it is mod 2350eu in those two ways. >> there's no further business, mr. goh. >> we're adjourned. you are so lost. no, i'not, man. dude! i dropped my phone. oh, the road! whoa. yeah. you know what i'm saying. how would you like to save your life from an ugly reckless driving death? don't answer yet, there's more! act now by slowing down and we'll guarantee you complete satisfaction! kids: that's awesome! announcer: in the real world... passenger: whoa, andy, slow down! >> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes and sell it anyway, so now they know when a ticket to a. hal>> to you have something you want to get rid of? >> why throw it away when you can reuse it? >>

. >> and commissioner hwang? >> aye. >> thank you. this satisfies the appeal and it is mod 2350eu in those two ways. >> there's no further business, mr. goh. >> we're adjourned. >> good morning. i've got my giants cap

>> vice president is absent, commissioner hwang? >> aye. >> thank you. the vote is 2-2 to overrule. absent another motion because four votes are needed to overturn any departmental action, this request for revocation would be upheld. >> by operation of law. president goh, should i move to the next item? >> yes. >> ok. we will call item number 7, then, which is appeal number 11-034, antoinette lama doing business as chuck's store versus the department of public health, property at 24 cortland avenue, an appeal of a 25-day suspension of a tobacco sales permit imposed on march 9, 2011. reason for suspension, selling tobacco products to minors, case fd-011-16. and we will start with the appellant. step forward. you have seven minutes. >> i do have this for everyone, please. oh, i am sorry. hi, i'm antoinette lama. hello? i'm antoinette lama, the store manager and co-owner of chuck's store at 24 cortland. i was -- i have for you a context of appeal. my documents that i put together. and with your permission, i'd like to submit them for you. there are some pictures on there. they're very