what it does is that it encourages and incentivizes unpermitted demolition. that is the issue before the planning commission and that's what you need to decide. the citizens of san francisco want a fair demolition policy that is consistently enforced. this project represents an informal planning department policy where a fluent property owners can make a lot of money by retaining firms to negotiate demolition approvals that violate both the planning code and the building code. i am asking the planning commission to send this project back to d.v.i. because it clearly falls under 103a.3.1 and they have chosen to misclassify the project. thank you. >> thank you, next speaker. miss roth. >> good evening, commissioners and what you have here today is not an illegal tantamount to demolition, it is an illegal demolition. there's nothing tantamount about it. the whole building is gone. so what did we hear today? well, they found dry rot. this is something that we always hear. what dry rot? the building was redone in the 1990s. what else did we hear? we heard that the

pair created a death trap in the oakland warehouse, leading to the deaths of 36 people during the unpermitted dance party in 2016. investigators say exits were blocked and debris filled the space. the men say they are innocent and their attorneys say their clients are being scapegoated for the tragedy. one line of defense, the investigators haven't determined the exact cause of the fire. >> they don't know that it's electrical. they don't know and they haven't discounted that it was arson. >> the attorney will argue the city is to blame for not shutting down the warehouse. they visited several times for complaints. >> it's the city of oakland that many it that had crime. the oakland fire department, the oakland building inspection department, planning department, the complete systemic failure on the part of local government. >> reporter: the judge set bail for $750,000. but the attorneys for derick almena and harris are asking the judge to release the men on their own recognizance. they are due back in court for the bail hearing set for march it 21st. in oakland, jessica flores, kpix 5. >>> a

as for this appeal, dbi just informed us they're going to take care of the issue, getting the unpermitted footings, remaining elements removed and we appreciate that. based on that assurance, my clients are willing to withdraw the appeal and the permit holders are willing to meet and resolve the bigger issues and we appreciate it and hope it bears fruit. we appreciate the time and consideration and i have withdraw form, happy to hand in. thank you very much. >> thank you. is there anything that the permit holder would like to say? >> thank you mr. patterson. >> they may do so. >> good evening president fung and members of the board. i'm here on behalf of the respondents and this is the first we have heard they are planning to withdraw the appeal. i think they have understood the client's needs and circumstances for a long time, to remove the thing they complained of. we're happy to hear they're withdrawing it. thank you. >> anything from the department on this? >> joe duffy dbi, i can confirm i spoke to mr. patterson. i was at the spot today and there was a piece of concrete they wanted r

compliant because there's the potential for the future owner to use that legal scope of work in an unpermitted way. i'm available for any comments. >> president honda: is this rh-1 or 2? >> this is rh-1. maximum number that should be on the site is one unit unless you could add one 80u. >> president honda: could you explain -- i know this is located d-7. >> adu program is city wide. it's two programs. single family homes have two options. generally in this situation single family home could add one additional adu. it would essentially have to be within the same building envelope that exists to add that adu. so part of this permit could have been to come in and add an adu on the ground floor. that's not what they're proposing to do. if they want to do that in the future an use some portion of the addition that's being proposed, they'd have to wait until three hours after that was constructed to do that. there is potential for a second unit there as an adu in the future. >> they could have proposed it as an adu initially. >> they could have. they would have been able to come in with the existing

if you want a note, you can say unpermitted and -- >> yes. >> commissioner lee: so it's on record anyway. >> that's something i look forward to putting on my list on suggestion of commissioner bleiman but haven't had a chance to. >> vice president thomas: any other questions, comments? all right. we will move on to the next agenda item. police department [indiscernible] any comments from our police? nope. so then moving on to item six. hearing and possible application regarding the consent application. >> all of our permit applications are on the consent calendar this evening, all limited live performance applications. none of them had neighbor complaints, and they all passed through both police department and planning department with no issues. just to give a little background, there's two breweries on here and one is a place called the magic patio in the mission. so you can take a look in your materials and if you have specific questions, you can ask me and the owners are all here if you want to pull anything off of consent on to regular. >> vice president thomas: commissioner perez. >

we do have a couple of unpermitted places that may be able to be brought into compliance. we've got bars that i visited in the past that don't have a permit with us and maybe can't get one with us. it's all over the place. we have bars, large venues, established venues, great american music hall, we don't hear a lot about them. we have sidewalk musicians in the mission popping up and we got a complaint about that. so kind of all over the map. on the back side -- on the back side, we have three ongoing complaints, you can see a list of what's happening there as of late. he was issued one citation since the last hearing that has been paid. double dutch has not been issued a citation as of yet, they have not been found out of compliance. three inspections, one is just a place that had music one night and didn't know about the process and i informed them of the llp. hope they're going to apply. they do things infrequently. and these are sort of involved ongoing operator neighbor communications that have just surfaced, bubbled up into my line of sight based on neighbors feeling

it happened during an unpermitted skate boarding event at dolores park. he claims to have suffered several injuries process. the lawsuit claims the officer shoulder tackled him imprisonments let's talk about the weather. it's been cold. but maybe we'll get rain finally after a long dry spell. our meteorologist drew tuma here with the forecast. >> hi, dan. almost four weeks since rain. tomorrow the chances are slim. but the chance is there with an isolated shower popping up as the system moves through. live doppler 7 with satellite tonight you can see overhead it's a quiet picture. it's cold, chilly, cold enough in fact if you in ta hau how he you can make the snow. it's in full effect now. we are in low 20s in the dropping into the teens tonight. and seeing natural powder coming their way. back at home the accuweather highlights a windy morning. the overnight tonight the wind crank out of the west 15 to 30-mile-per-hour. wind chills will be in the 20s and 30s. tomorrow as well isolated chance of shower, best chance probably med day. but warmer weather wil

instead of doing that, erected a 400 square foot unpermitted third floor of which you have a picture on top of this house. as far as we know, no load bearing studies or architectural drawings exist with respect to this part of the project. d.b.i. and the planning department told the developer to remove the third floor in february last year. still stands. multiple abatement orders against it. my neighbor's foundation is unrepaired and house is in danger of collapse if an earthquake repairs. cost to be in excess of $200,000. we have been forced to spend tens of thousands on attorney and experts fees with no end in sight. this developer has a number of other projects in the city suspended by d.b.i. and the planning department for building beyond permit limits. since 2016, defendant in three other lawsuits. one suit claims drainage and sewage pipes were not properly installed, sewage throughout the home. and other construction and foundation work. and a third an abutting property had foundation like my neighbor. lawsuits, permits and existing regulations are apparently not a deterrent to

it's pretty out of control, really, that, you know, so many unregulated, unpermitted farms are all competingme marketplace. lemonis: but alex and miranda know it's a marathon, not a sprint. in five years we're going to be, hopefully, on every shelf in every dispensary in the state of california. i mean, that's our plan. i think there's going to be a lot of people that are going to be out of it. a lot of the people that don't know what they're doing that think they're going to get in here and get rich in one year. you know, those people don't understand farming. lemonis: for these early settlers, it's not just a living but a way of life. unlike some of their neighbors, tom and karen hessler had one of their best summers ever. the weather's just been perfect, absolutely perfect. growing legal allowed them to grow more marijuana than they had ever dared before. let's go get marcus's plant. okay. back in the spring, i had given them a hand. that little sprout turned into this. it's nice and full and looks really aromatic. really aromatic, beautiful. it's just solid. everything is perfect on it.