good evening, president swig, members of the board, scott sanchez.ill focus on the comments that the board gave at last hearing and to give you the alternative. i won't try to sway you in the wisdom of the planning commission, but i appreciate the diligent work and quick responsiveness of the appellant and they did address all the concerns and comments we had with regard to the additional a.d.u. the project has been revised to be code complaint. they have addressed the demolition calculations which have been raised at the public comment in the previous hearing. we have issued the memo as necessary for authorizing the a.d.u. and updated the categorical exemption and the environmental review document to reflect the revised scope of work for the project. given that it was denied by the planning commission which action if the board does overturn the denial, this would be the first approval action for the purposes of the environmental review. and i do appreciate this has been a resolution in this matter that allows it to move forward, but i do hope that w

scott sanchez, planning department. double surprise because i had no idea that the sunt wunit wa until the photos were put up. that's not what's been represented to the planning department or planning department staff that there was an existing illegal unit ready for occupancy and they've got somebody wanting to rent it. the photos looked like it was all finished and ready for occupancy, but that is not represented anywhere that i saw in the appellant's brief nor the plans nor any of the materials that were presented to the zoning administrator. it's my understanding that the variance for this was filed in january 2018. there was a hearing on the case earlier this year. the zoning administrator denied the application. it's an rm-2 dwelling unit. they're already over density by one, and they we wanted to add an a.d.u. the -- generally and historically, the compliant of the code require that each dwelling unit have one room that meets standards of a certain size that have windows of a certain size that face into an area o

scott sanchez, planning department. what's shown on the plans is not a demolition. the appellant had highlighted something on the plans that he had stated was a demolition. there were separate hashed lines that depict parking space, but that's not shown being demolished on the plans. anything that's below grade does not count towards section 317 calculations, so even if all those retaining walls need to be replaced, that doesn't count toward 317. i think this board has heard these issues before, and people will come up and claim it's a demolition. >> commissioner honda: first time. >> if anybody wants to be out in front of that, it's the sponsor usually after the department has reviewed conditions generally not very favorably in several cases going back to what was there before or often wanting to go back to what was there when the building was first built. so it was quite a serious matter. and maybe the project sponsor wants to address some of their thoughts and methodology in greater detail, but you know what's shown on the plans as shown to not be a demolition be

we expect scott sanchez, acting deputy zoning administrator also representing thela

we expect scott sanchez, also representg

we expect scott sanchez, acting deputy zoning administrator also representing the planning department and planning commission and joseph duffy representing the department of building inspections. and we will have someone from the sentences go public works. the board meeting guidelines are as follows. we requested that you silence all cell phones and electronic devices so they not disturb the proceedings. please carry on conversations in the hallway. the rules of the presentation are as follows. appellants, permit holders and respondents are given seven minutes to respond and three minutes for rebuttal. people affiliated with these parties must include their comments within the seven or three minute periods. members of the public have up to two minutes each to adjust address the board and no rebuttal. please speak into the microphone for rehearing requests, parties get three minutes each with no rebuttal. to assist the board in the accurate preparation of minutes, your aspen not required to submit a speaker card when you come up to speak. four votes are required to grant an appeal or a

scott sanchez, planning department. this did not receive a variation from the planning commission, it was a d.r. th they -- when they listed the specific actions that would be taking place on-site, they did not list smoking on-site. we have an excellent working relationship with public health and find they've done an excellent job over the years with regulating. i think everyone has taken this work and responded very quickly and accurately to the issues that have come up, just as in the case here. but the fact is the applicant -- the appellant in this case, they never asked for and received approval from the planning commission for that. they need to come back and change their application. i don't understand from the point of the appellant what made them think that the permit that was before them would allow them to do on-site smoking when they did not apply for that. and when -- we even have the notice here. very clearly says would not amend on-site smoking, vaporizing or cultivation. they haven't been able to provide

scott sanchez, planning department. it's good to know the board was still tough on variances. >> commissioner honda: it's commissioner fung. come on up, we have an empty seat up here. >> so to correct something that the appellant stated. it's incorrect that each of the floors has the same situation. each of the other floors get their exposure to the front. they're all four flats that face through, so to correct the record there. you know, i will take the information about the, you know, really nice, new, illegal unit and those photos if the appellant can e-mail them to me, and i can discuss that with the zoning administrator and also review the zoning administrator and appreciate that to facilitate that, if the appellant would provide the proposed plans that show the required set of stairs within the required rear yard, and all the improvements that they show, including the habitable space in the back yard. certainly reconstruction of stairs within the required rear yard can pose certain requirement code issues. >> i ha

>> scott sanchez from the planning department. i'll run through the entitlement history. this started in january 2015 with a project review meeting with city staff. in april of 2015, the variance application was submitted for variance in the rear yard. the building permit application was submitted in looks like december 2016. that's the permit that is on appeal before you now. the environmental review was submitted actually before the permit was submitted. it was submitted in june 2016. the environmental review was completed in september 2017, and the i looked at the historic resource potential of the building, it was rescheduled to b. it was performed between march and april 2018. during that time, there was one discretionary review that was filed. hearing was scheduled before the commission on august 23 and continued to october 18. at that time, the planning commission unanimously approved the project. they did not take discretionary review and approved the project as proposed. subsequent to that, there was an appeal of the environmental determination to the board of su

sanchez. >> and i'm scott mcgrew. marcus and laura have the morning off. here are the fire lines. the blazes have turned deadly, fire scattered across granada hills and porter ranch south of the grapevine and the saddleridge fire bloomed overnight from 60 acres to 5,000 as the santa ana winds pushed into the value. it is 0% contained. fire officials are confirming one person has died of a heart attack during the fire. more homes have been destroyed in the fire and disrupting traffic and shutting down businesses and schools. cal state northridge is closed this morning. >> so this story is developing so quickly. our nbc station in los angeles has been on the air for hours. this is a gentleman who was just evacuated from his home. let's take a listen. >> you stayed up all night? >> yeah. since 11:00 when my wife wake me up saying there is something going on the news and from there we hear the amber alert and after that we just came in like 3:00 to the sheltser and tried to get a space and then we stayed until now. an i went this morning to check for the rest of the pets, i had a fish

. >> and kris sanchez is joining us live in san jose with that part of the story. >> reporter: hi there scott and laura. i want to start by saying that if you don't know at this point whether or not your child's school has canceledhe informati at the bottom of the screen. we've listed all that will be canceled. and it is also at nbcbayarea.com. though at this point, you should have been notified by your school. south bay schools are the least impacted at this point. but it won't feel that way for the families in the allen rock school district which canceled class for all of its 25 campuses for the next two days. >> huge inconvenience. you have to change your whole schedule and life around -- >> daycare for the next couple days. so mommy can go to work. >> reporter: pg&e confirms at least four will be in the dark tomorrow. no power, no internet or foreign service, that will be the case for some schools in every bay area county. again, the list is at nbcbayarea.com and at the bottom of the screen. north bay schools are the most impacted. a lot of schools there along with schools in the east bay

sanchez is in san jose. she's covering the power outages there. what's the latest there, chris? >> hi there, scott and lawyer. this is one of the businesses without power. how often do you see a gas station sign that's blank? if you push in there, you see those orange pylons. the city's transportation department minimized a number of will left-hand turns to go from two left-hand turning lanes to one in an effort to minimize the confusion. these lights are not working. at another intersection where the traffic lightlies were out, most people seemed to treat it as a four-way stop but we did see a handful of people blowing through that intersection, making for a pretty nerve-racking ride. >> i don't even want to go down capital. i said forget t i took the day off, too. i don't want to drive through this. >> reporter: this is one of more than a dozen businesses with power outages. in the same plaza, some businesses still had power. it's a bit of an inconvenience for customers. certainly an opportunity for others. we found this guy, who spent $3500 on the last two generators he could find on the penins

"today in the bay's" kris sanchez tracking the very latest for us. kris? >> good morning to you, scott and laura. this is a fire burning completely out of control, and l.a. firefighters say it is really aggressive, so aggressive that it started at 10:00 last night and is now exploded into the size of 4,6 hurn ac00 acres. zero percent containment, that means firefighter terms it is burning out of control on all of its borders. firefighters don't have any control over any part of it. firefighters confirm there are homes that are destroyed, but there's really no time to stop an evaluate or take account. nearly 13,000 homes are under mandatory evacuation, that is a lot of families out of their homes overnight. one family had to leave without their dog named minion. fortunately he was found by a firefighter, and they were reunited. >> this is your dog? >> minion. >> reporter: this is your dog, right? >> that's my dog. >> what's thee namf the dog? >> reporter: there you go. >> what's the name of the dog? >> minion. that's minion right there. >> reporter: i'm glad she found her home. >> that

. >>> let's check in with kris sanchez in walnut creek right now talking about what people felt there. kris? >> hi, there, laura and scott. people definitely felt it here in walnut creek. b.a.r.t. shut down the lines or slowed the traffic through the area so they could inspect the lines going through here. folks are starting to arrive here at the walnut creek b.a.r.t. station where the ai residual delays, however, it seems like there has been enough time for those to resolve. this is a look at the shake map that show where people report feeling that jolt. some folks felt it on facebook and one viewer felt it down in an san jose. in berkeley a dad says he w pretty happy his kids slept through it. >> pretty brief but startling moment and we checked to make sure everything still asleep. >> did anything fall from your shelves or any pictures move? >> the pictures went askew. a number of those we had to straighten. just one toy fell from the shelves. nothing really severe. >> all right, so on our way here to the walnut creek b.a.r.t. station we stopped at the contra costa county fire station and we heard reports of damage the

sanchez is tracking the latest from our newsroom. kris? >> the evacuees are headed out, laura and scott but at this point there may not be anywhere for them to go. all of the evacuation centers that are already open are currently full. so now officials down in southern california are trying to find other places where they can put these folks and keep them safe from the flames, but this fire is exploding in size and since it started around 10:00 last night it has grown to 4,6 hurn acres. it jumped the freeway, 210 freeway. firefighters are not in control, it can grow in every direction. firefighters confirm they have seen homes that are destroyed but just no time to stop down and cake a count. officials had to evacuate 300 children and juveniles from juvenile hall there, moved to a different location and nearly 13,000 homes are under mandatory evacuation orders. this morning our partners at knbc talked with an evacuee, a former fire fighter who saw his neighbor's house go up in flames. >> priority one for me was getting my family out of here. we can rebuild, stuff is stuff, but making su