commissioner hwang: thank you.e president garcia: how was it determined the work was done in the 1960's? >> that is a gas. all we know it is it was done prior. we figured it was in the 1960's. i don't have any evidence, commissioner garcia, to back that up. vice president garcia: thank you. >> thank you, mr. duffy? >> good evening, commissioners, joe duffy, dbi. the department would like to keep the penalty of nine times because the notice of violation was given in 2007 and we did not to permit until 2011. we did quite a bit of work on the notice of violation that started off with building inspection, and the second notice of violation was issued, so there would have been a lot of administrative work by staff. i noticed that the building inspector, can gonzales, wrote that the windows were 3 foot by 3 foot at the front of the building and some deterioration of exterior stucco finish, 3 foot by 6 feet. it was causing a hazard by the building permit application. that was in 2007. we finally got the building permit ap

commissioner hwang: thank you. commissioner fung: usually, i am very sympathetic to peddle the cases where the work was not done -- to penalty cases where the work was not done by the current property owner. unfortunately, in this particular instance, too much administrative work took place, and therefore i am not sure i would support the reduction to the minimum that is allowed, but i am willing to consider something in between. vice president garcia: i guess i am confused. we have an individual who worked for planning, and that does not mean necessarily that he would know about all the procedures at dbi, but what is continuing to confuse me, if i heard mr. dufty correctly, there was a notice of violation, and then five months later a second notice -- commissioner hwang: five weeks. vice president garcia: do we have the second notice of violation? or is the one before us the second? so the one we have is dated 5- 24-07. iok, so the first was on 4-5-07, and that is referred to in this one. i am sorry, i'm going to

commissioner hwang: do you have the language of 460? i do not have the full text, or much text. >> is the 10 foot exemption you are curious about? commissioner hwang: yes, 260 b one. >> shall i read it into the record? commissioner hwang: 20 over had first and see if i can read it. thanks. commissioner fung: is that standard issue at the planning department now? [laughter] >> i guess. we should revisit our budgeting. commissioner fung: maybe. >> is all eligible? -- is that all legible? commissioner hwang: i can read it. that is good. is it b1 cap b? >> the 10 foot reference appears here at the bottom of b1. commissioner hwang: ok. >> i am sorry. i may be pointing to the wrong code section, commissioners. commissioner peterson: what is this language. it says the exemption chambly limited to the top 10 feet of such features. the height limit is 65 feet or less and the top 16 feet of such features were the high limit is more than 65 feet. -- we're at the height limit is more than 65 feet. >> in districts -- a 105 ft district -- the standar

commissioner hwang: their course of remedying their n.o.v. would not have been the same. >> they probably would never have gotten the n.o.v. commissioner fung: the other structural upgrade, you had two permit this. the other permit was not appealed? >> it was not appealed. it was under inspection by the department of building inspection. all of the work was inspected. commissioner fung: ok. >> and also, the addendum to the site permit. commissioner fung: we know that. president goh: -- director goldstein: which of you would like to go first? mr. duffy? >> it sounds complicated, and in this case, i would say we would not be here if we did not have the roof collapse. it triggered seven complaints to dbi right up until pretty much now, and it appea

commissioner hwang: we don't have them. >> shall i go on? commissioner hwang: continue. i'm just letting you know. >> this allows french doors and guard rails, which must be in anticipation of the new rear deck on the east level. as you can see from my garden photographs -- these decks will take all of our southern light and sun exposure. they also looked down into our garden, hence the privacy again. there was a pre-permit issuance meeting. we were only notified it and attended a pre application meeting a few days after christmas, during christmas vacation. my whole family attended at 1.5 hour meeting. there were no chairs for us at the meeting ms. cheng did not speak at the meeting. her architect was the only one who spoke. i am also wondering when these other permits will happen. i am assuming we will be notified. i want to be protected in my home, as does my tenant. i am hoping there is something like a sound or vibration rating or something like that that would make sure that the wonderful quality of life and our home is to remain for generations to come. i am sure

commissioner hwang: you are selling the product that has been built should be demolished? >> no, the existing structure. i am sorry. just to show some photographs. ok. this is a photograph of the debris that collapsed when the roof collapsed on march 12. this is another photograph of the same event. and just a little before and after, this is looking for my client's properly to 1140 page, the wall that collapsed. and this is before it collapsed. after the roof caved in, this is the wall. as is this. the import to that is multifold. at first, when this renovation extension was proposed on 1140 page, it was proposed as not to demolition but simply a rehab. at that point, it was proposed to be 48.6% demolition of the elements of the building, with 50% being the threshold for demolition. we were skeptical. however, those were the calculations. and it was approved with 48.6% demolition. subsequently, after the plans were approved, new plans were submitted with a 49.4% demolition of the exterior elements of the building. again, somewhat suspect, 49.4%. we believe, indeed, they s

commissioner hwang: i would agree. thank you for clarifying. >> this is hard, though. commissioner fung: the crux is we need four boats here. -- votes here. vice president garcia: so we could help out the appellant by making a motion that stated that we are overturning the department. you look skeptical already. give me the content of a motion with a comfortable with. >> i think the motion would have to be to withhold the department, but only on the basis that the project needs 311 notice, but that the permit applicant would not be precluded by the one-year bar from replying, so that section 311 note this can occur. you technically are upholding the denial of the permit, but making clear that the reason the department originally denied it was in deference to the board's 2006 decision. the circumstances have changed. there is a new owner. the tenants are gone. the basis of the 2006 does not exist anymore. the variance on the proper permit is expired. but the 311 notice is the of standing issue. vice president garcia: and that is not a du jour, de facto remanding? >> the

commissioner hwang: thank you. president goh: did you get a sketch from the meeting with your attorney? was there a sketch or drawing or something produced from that? >> from this last one? not that i know of. i don't know. i do not believe so. president goh: okay, thank you. mr. frye? >> there was no sketch provided. we walked through the drawings with the zillmans' attorney and indicated the areas where we felt we could compromise and get the zillmans part of the proposal they wanted and maintain some of the character of the building. president goh: the areas of compromise, those included the windows? >> that is correct. president goh: okay, thank you. any other comments? vice president garcia: i have a question of mr. sanchez. mr. sanchez, aside from any historic considerations, would this building otherwise qualified because of the degree of deterioration, would qualify for demo? >> if you are referring to an emergency demolition from the department of building inspections, he should talk to mr. dufty about tha

commissioner hwang: if you want to speak, your daughter can translate for you. we will allow time for the translation. >> i own the building, but [ speaking foreign language]. commissioner garcia: we understood. >> [unintelligible] president goh: ok. >> [unintelligible] president goh: ok. thank you. i'm going to -- commissioner garcia: miss li? commissioner fung: i asked the appellant whether they had done any form of approaching community boards where neighbors can discuss things and see if they can find some common basis to have a neighborly relationship. would that be of interest to you? to see if there is an ability to reduce complaints and lived to get there? -- and live together? perhaps your daughter can translate that. >> no. nobody called me. commissioner fung: would you consider that? volunteers service that in the city. >> it's a good idea, but let them come to me and let me do the stairway. commissioner fung: the stairway is the issue before us. the community boards thing is voluntary by the parties themselves. >> i think that for today's case, we wo

commissioner hwang: what concerns me is i think they have a deed to occupy. how is that provided? >> i cannot speak to the personalization -- parcelization. we would characterize the roof as being useful, so long as appropriate safety improvements were made. the code does allow for a deck and railing. it does seem they cannot get the desired access. but there is a way to get up there. vice president garcia: rope ladder? >> i will hold my tongue, commissioner. >> commissioners, the matter is submitted. vice president garcia: did you want to offer more comment? please do. >> i'd just wanted to mention for one thing the coo in question for the building. for some reason, the building did pull all the permits for the work that has been done on the roof back in '95 and '96. that is on record. the work was done and inspected along the way. but for some reason when they built this building they did not get the final coo. my building is currently in the process of obtaining that, with all the inspections and everything. because of that, a whole bunch of the permits they pulled back in '95

commissioner hwang: if you want to speak, your daughter can translate for you. we will allow time for the translation. >> i own the building, but [ speaking foreign language]. commissioner garcia: we understood. >> [unintelligible]

commissioner hwang: aye. >> the lotus 5-0. department is upheld. >> item 7 was withdrawn. there is no other business. president goh: ok. we are returned. -- adjourned. >> cents and cisco's buses and trains serve many writers -- san francisco buses and trains serve many riders. the need to be sure they can get off at their intended stop. the digital voice announcement system, which announces upcoming stops, can help these low vision riders know where they are, but only if set properly. >> it is a wonderful piece of technology, but in practice, it is a little bit more tricky. oftentimes, i find that the automatic announcement system is turned off or turned down so low that i'm unable to hear it, or it is turned up so high that the sound is distorted. >> most of the time, it does not ever seemed to be on. or is it is, it is a really quiet. occasionally, it is so loud that it is distorted. >> driver, may i have california st., please? >> no problem. >> whenever the announcement system does not work properly and a driver does not call out the stops, and i'm totally lost as to w

commissioner hwang: aye. >> the lotus 5-0. department is upheld. >> item 7 was withdrawn. there is no other business. president goh: ok. we are returned. -- adjourned. mayor lee: thank you, everyone. i wanted to be here to welcome the prime minister from new zealand's. i know he is here. he is on a stopover in preparation for the america's cup, on his way, of course, to meet our president obama and talk about our two countries' mutual support and help. i would like to think that the prime minister was here primarily co view the competition -- was here primarily to view the competition that will be between us in 2013, with washington being a stop over. i want to welcome him here. i know he is here to not only speak for himself, but knowing that team new zealand has won the america's cup twice before, and in 1995 and 2000. they are going to be a very helpful. i am very excited about the america's cup. it will bring in some 8800 jobs to this city. it will really result in $1.4 billion of economic in come for our city, and that is why we're working very closely with michael th

commissioner hwang: when voting time comes. vice president garcia: it is almost like the look of the brawl. if you live in a neighborhood with poles, you are subjected to perhaps further blight, the word of the night, and if you have an underground services, this issue would not be before us and the box would not be there. but in terms of whether nextg went through the proper processes, they submitted their application to dpw, it was vetterd by dph, it went through the planning department. i don't think mr. flanagan, it does not seem as if nextg submitted and the misleading photographs. it appears date followed all of the appropriate processes, and i will move that we uphold the permit. on the basis that all proper processes were followed. >> that it went through the planning department review required by the application process at the time. vice president garcia: thank you. >> if you could call the roll, please? >> so to recap, the motion from the vice-president to uphold this permit on the basis that all proper processes occu

commissioner hwang: but if you are in close with the windscreens, you feel more safe to move around. vice president garcia: absolutely. with gratitude, i think mr. sider opened a window where there might be a ray of hope. if you want to pursue that, some of us are willing to continue this. commissioner peterson: i will move to continue. >> do you want to suggest a date? commissioner peterson: the end of august? how about august 24? >> commissioner, did you want any additional briefing? commissioner peterson: i think this is an opportunity for them to discuss. >> this would be a motion to continue to august 24 with no additional submittal is allowed. vice president garcia: i would recommend that if you start feeling like you might get some accommodation that would work for you, make sure you leave their knowing all about -- there knowing all about the certificate of appropriateness from the historic commission. >> the motion is from commissioner peterson to continue this matter to august 24. the public hearing has been held. it is to allow discussion of alternative options. no additio

. >> commissioner hwang: read the appeal. >> and uphold the change that has been described. remove the property line windows at the second floor. a new, as opposed to one that is already existing. >> commissioner peterson: that modification would require four votes. >> i want to thank everyone for having done what they did. and for their input into this solution. >> if you could call the roll. >> the motion is from the vice president to grant this appeal to uphold the permits on condition the new property line window on the north property line be struck from the plan. on that motion, with that condition, commissioner fung. >> aye. thank you. this permit is upheld with the condition to strike the window. thank you, everyone. when a resident of san francisco is looking for health care, you look in your neighborhood first. what is closest to you? if you come to a neighborhood health center or a clinic, you then have access it a system of care in the community health network. we are a system of care that was probably based on the family practice model, but it was really clear th

commissioner hwang: aye. >> is the public the modified soho -- uphelit is upheld with e modified scope. >> we will call item six now. this is a protest of the issuance on may 23, 2011 to cui zhu li, permit to alter a building. and we will start with the appellant. >> i am here for the appellant. we understand that it is not the role of the board to be the arbiters of good neighbor behavior. we're not here to impose this person on you tonight. the building code does exist to establish requirements necessary to protect general welfare of the general public and it is this role that we ask you to consider this evening. what we have here is a property owner that consistently performs work without acquiring permits as required by law. she has admitted to this behavior and having been cited as such, the conduct unfortunately has persisted. sometimes she is caught red handed. sometimes she is caught after the fact were able to persuade an inspector that she has now done what she has done to her property. the appellant here has personally witnessed a substantial amount of work being done by unl

commissioner hwang: aye. >> the lotus 5-0. department is upheld. >> item 7 was withdrawn. there is no other business. president goh: ok. we are returned. -- adjourned. >> hello, good evening. welcome everyone to the 2011 you for your awards ceremony where we honor the amazing accomplishments of 15 of the most lot inspiring and wonderful leaders of san francisco. i am the youth advocacy coordinator of the youth empowerment bond, part of the department of children and youth and their families. i have had a wonderful honor of working with the 50 warriors in the past five months. each warrior before you was nominated by a community-based organization and has dedicated their knowledge, skills, and talents to improving the lives of others living in san francisco. although all warriors are similar in their passion for community change, may differ greatly in their path to positive change. through making documentaries, political organizing, creative workshops, and even boxing, they have made beautiful contributions to others in need in their communities. the youth warriors are also

. >> commissioner hwang: read the appeal. >> and uphold the change that has been described. remove the property line windows at the second floor. a new, as opposed to one that is already existing. >> commissioner peterson: that modification would require four votes. >> i want to thank everyone for having done what they did. and for their input into this solution. >> if you could call the roll. >> the motion is from the vice president to grant this appeal to uphold the permits on condition the new property line window on the north property line be struck from the plan. on that motion, with that condition, commissioner fung. >> aye. thank you. this permit is upheld with the condition to strike the window. thank you, everyone. >> i need your executive director of cnbc. -- i am the executive director of cnbc. i want to welcome you to this truly joyous occasion, commemorating the completion of the rehab of civic center residents. we bought this building 38 years ago, and it has been through a couple ofpartial rehabs before now, but before now, this had leaky plumbing, inadequate

. >> we have a motion from commissioner hwang to uphold the denial set forth in the hpc motion. on that motion. [roll call vote] commissioner fung: no. commissioner garcia: aye. commissioner garcia: no. president g-- commissioner peterson: aye. >> the vote is 3-2. t the denial is upheld. >> 5a and 5b will be heard the other. -- together. protesting the issuance, permit to alter a building. lighting to comply. the change to windows, walls, or doors. subject property at 34366. protesting the issuance on may 4 to permit to alter a building or remodeling bathrooms repair plumbing and complying with various notices. as the first appellant, you have seven minutes. >> thank you for taking time to give us a chance to speak. i like to say that i am a little nervous. i'm not quite gotten used to these types of situations. and i don't have an attorney present as i can't afford to have one. i'm up against a quiet season the litigating landlord and tenant attorney with over 170 caners in his repertoire. -- retainers in his repertoire. i have made notes to keep myself a little clearer. i firs

. >> commissioner hwang: read the appeal. >> and uphold the change that has been described. remove the property line windows at the second floor. a new, as opposed to one that is already existing. >> commissioner peterson: that modification would require four votes. >> i want to thank everyone for having done what they did. and for their input into this solution. >> if you could call the roll. >> the motion is from the vice president to grant this appeal to uphold the permits on condition the new property line window on the north property line be struck from the plan. on that motion, with that condition, commissioner fung. >> aye. thank you. this permit is upheld with the condition to strike the window. thank you, everyone.