BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES - WEDNESDAY, JULY 27, 2016

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1 BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES - WEDNESDAY, JULY 27, :00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE PRESENT: President Darryl Honda, Vice President Frank Fung, Commissioner Ann Lazarus, Commissioner Rick Swig and Commissioner Bobbie Wilson. Thomas Owen, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Seema Adina, Planner, San Francisco Planning Department (PD); Bernie Curran, Senior Building Inspector, Department of Building Inspection (DBI); Rahul Shah, San Francisco Public Works Bureau of Street Use and Mapping (SFPW); Chris Buck, Urban Forester, San Francisco Public Works Bureau of Urban Forestry (SFPW); Patrick Fosdahl, Environmental Health Branch, Department of Public Health (DPH); Larry Kessler, DPH; Cynthia Goldstein, Executive Director; Gary Cantara, Legal Assistant. (1) PUBLIC COMMENT At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting. (2) COMMISSIONER COMMENTS & QUESTIONS SPEAKERS: President Honda congratulated Vice President Fung and Commissioner Swig on their reappointment to the Board. Director Goldstein congratulated President Honda on being reappointed as well. (3) ADOPTION OF MINUTES Discussion and possible adoption of the July 20, 2016 minutes. ACTION: Upon motion by Commissioner Lazarus, the Board voted 5-0 to adopt the July 20, 2016 minutes as amended to reflect changes to the action taken on Appeal No SPEAKERS: None.

2 REGULAR MEETING, BOARD OF APPEALS, JULY 27, PAGE 2 (4) APPEAL NO MITCHELL KEMP, Appellant BUREAU OF STREET-USE & MAPPING, Respondent 1590 Sacramento Street. Protesting the ISSUANCE on April 19, 2016, to ExteNet Systems, Inc., of a Wireless Box Permit (construction of a personal wireless service facility). PERMIT NO. 15WR FOR FURTHER CONSIDERATION TODAY. Note: this matter was heard on July 20, 2016 and continued to have the Department of Public Health appear before the Board to clarify the standards used in their review of wireless box permits. ACTION: Upon motion by Vice President Fung, the Board voted 4-1 (Commissioner Lazarus dissented) to continue the appeal to the Call of the Chair pending resolution of permit holder s noncompliance issues with San Francisco Public Works. SPEAKERS: Patrick Fosdahl, DPH; Scott Sanchez, ZA; Seema Adina, PD; Rahul Shah, SFPW; Matthew Yergovich, agent or permit holder; Paul Albritton, attorney for permit holder; Mitchell Kemp, appellant. PUBLIC COMMENT: Leora Tanjuatco, Dick Allen, Denon Papakostas and Diego Aguilar Canabal spoke in support of the permit holder. (5) APPEAL NO MARY MCCAUSLAND, Appellants BUREAU OF STREET-USE & MAPPING, Respondent 1278 Jackson Street. Protesting the ISSUANCE on May 03, 2016 to ExteNet Systems, Inc., of a Wireless Box Permit (construction of a personal wireless service facility). PERMIT NO. 15WR ACTION: Upon motion by Commissioner Swig, the Board voted 4-1 (Vice President Fung dissented) to deny the appeal and uphold the permit on the basis that it was properly issued. SPEAKERS: Mary McCausland, appellant; Paul Albritton, attorney for permit holder; Rahul Shah, SFPW; Seema Adina, PD; Scott Sanchez, ZA. PUBLIC COMMENT: Leora Tanjuatco, Denon Papakostas and Diego Aguilar Canabal spoke in support of the permit holder.

3 REGULAR MEETING, BOARD OF APPEALS, JULY 27, PAGE 3 (6) REHEARING REQUEST Project Location along Van Ness Avenue Corridor. Letter from Deanne Delbridge, appellant, requesting a rehearing of Appeal No , Delbridge SFPW-BUF, decided June 22, At that time, the Board voted (Commissioner Wilson dissented and Commissioner Swig absent) to uphold the permit on the basis that it was properly issued and to adopt environmental findings. Permit Holder: San Francisco Municipal Transportation Agency. Project: removal of eighty-six trees in the median and four street trees, with replacement of two hundred and ten median trees. ACTION: Upon motion by President Honda, the Board voted 4-1 (Commissioner Wilson dissented) to deny the request. SPEAKERS: Deanne Delbridge, appellant; Bob Masys, agent for permit holder; Peter Gabancho, agent for permit holder; Chris Buck, SFPW. PUBLIC COMMENT: Mary Miles spoke in support of the appellant. Robert Bardell, Don Savoie, Susie Criscimagna and Peter Straus spoke in support of the permit holder. (7) APPEAL NO YEMIL RIVERA-NIEMI, Appellant(s) BUREAU OF URBAN FORESTRY, Respondent 371 Silver Avenue. Appealing the DENIAL on May 09, 2016, of a Tree Removal Permit (remove one privately maintained street tree with replacement of one tree adjacent to the subject property). ORDER NO ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to continue the appeal to December 7, 2016 to await the outcome of a potential ballot measure related to the financial responsibility for street trees. SPEAKERS: Yemil Rivera-Niemi, appellant; Chris Buck, SFPW.

4 REGULAR MEETING, BOARD OF APPEALS, JULY 27, PAGE 4 (8) APPEAL NO STEVEN GANZ, Appellant(s) ZONING ADMINISTRATOR, Respondent 425 Brannan Street. Appealing the ISSUANCE on May 27, 2016 of a Letter of Determination (regarding whether the second floor was legally converted to office space prior to the property being subject to the current SLI Zoning District controls which prohibit general office use). CASE NO ZAD PUBLIC HEARING HELD ON JULY 06, 2016 FOR FURTHER CONSIDERATION TODAY. Note: this matter was heard on July 06, 2016 and continued to allow Commissioner Wilson to participate in the final vote. ACTION: Upon motion by Vice President Fung, the Board voted 4-1 (Commissioner Lazarus dissented) to grant the appeal and overturn the Letter of Determination on the basis that the Zoning Administrator erred in determining that the 1999 permit was not reflective of an office use. SPEAKERS: None. (9) APPEAL NO BRANDON EBERHART, Appellant(s) DEPT. OF BUILDING INSPECTION, Respondent 1619A Laguna Street. Appealing the ISSUANCE on April 25, 2016, to Mariya Semikhatova, of an Alteration Permit (demolition of cabinets and sink in retail area in commercial unit on bottom floor). APPLICATION NO. 2016/04/25/5606. ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to grant the appeal and deny the permit on the basis that it was improperly reviewed and issued. SPEAKERS: Salvatore Timpano, attorney for appellant; Brandon Eberhart, appellant; Robert Noelke, agent for appellant; Edward Singer, attorney for permit holder; Bernie Curran, DBI; Scott Sanchez, ZA.

5 REGULAR MEETING, BOARD OF APPEALS, JULY 27, PAGE 5 (10) APPEAL NO CALIFORNIA HOTEL & RESTAURANT, INC., Appellant(s) ZONING ADMINISTRATOR, Respondent 653 Harrison Street. Appealing the ISSUANCE on April 29, 2016 of a Notice of Violation & Penalty (alleging violation of the Planning Code regarding an illegal conversion from a Production Distribution and Repair use to an Office use). ACTION: Upon motion by President Honda, the Board voted 5-0 to deny the appeal and uphold the Notice of Violation and Penalty on the basis that the Zoning Administrator did not err or abuse his discretion. SPEAKERS: Ilene Dick, attorney for appellant; Scott Sanchez, ZA. ADJOURNMENT. There being no further business, President Honda adjourned the meeting at 8:20 p.m.