BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES WEDNESDAY FEBRUARY 6, 2019

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1 BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES WEDNESDAY FEBRUARY 6, :00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE PRESENT: President Frank Fung, Vice President Rick Swig, Commissioner Darryl Honda, Commissioner Ann Lazarus. Brad Russi, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Acting Deputy Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Chris Buck, Urban Forester, San Francisco Public Works, Bureau of Urban Forestry (SFPW-BUF); Julie Rosenberg, Executive Director; Gary Cantara, Legal Assistant. ABSENT: Commissioner Rachael Tanner. (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. At the discretion of the Board President, public comment may be limited to two 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. SPEAKERS: None. (2) ELECTION OF OFFICERS ACTION: Upon motion by Vice President Swig, the Board voted (Commissioner Tanner absent) to re-elect Frank Fung as the President of the Board. Upon motion by Commissioner Honda, the Board voted (Commissioner Tanner absent) to re-elect Rick Swig as the Vice President of the Board. (3) COMMISSIONER COMMENTS & QUESTIONS SPEAKERS: Commissioner Honda congratulated President Frank Fung and Vice President Rick Swig on being re-elected to their positions on the Board, and he wished everyone a Happy Chinese Lunar New Year, the Year of the Pig.

2 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 6, PAGE 2 (4) ADOPTION OF MINUTES Discussion and possible adoption of the January 30, 2019 minutes. Upon motion by Commissioner Lazarus, the Board voted (Commissioner Tanner absent) to adopt the January 30, 2019 minutes. (5) APPEAL NO MARC BRUNO, Appellant(s) 15 Nobles Alley & 472 Union Street. Protesting the ISSUANCE on September 21, 2018, to Paul Boschetti, of an Alteration Permit (renovation of existing bath and kitchen in Unit 2 on the second floor and in the studio unit on the first floor; to comply with NOV No ). APPLICATION NO. 2018/08/27/8441. FOR FURTHER CONSIDERATION TODAY. Note: On December 5, 2018, the Board voted (President Fung absent) to continue this matter February 6, 2019 so that 1) the Board can receive a full set of complete plans from the permit holder; 2) DBI can conduct a site visit and review all the permits issued for the subject property, as well as assist the permit holder with clearing up all the Notices of Violation; and 3) the parties can submit supplemental briefs. ACTION: Upon motion by Vice President Swig, the Board voted (Commissioner Tanner absent) to grant the appeal and deny the permit on the basis that it was improperly issued. SPEAKERS: Joseph Duffy, DBI; Leo LaRocca, attorney for permit Holder; Marc Bruno, appellant. (6) APPEAL NO RICHARD L. HALL, Appellant(s) SAN FRANCISCO PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent th Street. Appealing the ISSUANCE on December 07, 2018, to San Francisco Public Works, of a Public Works Order (approval of request to remove two street trees with replacement adjacent to the subject property). ORDER NO ACTION: Upon motion by Commissioner Honda, the Board voted (President Fung, Vice President Swig and Commissioner Lazarus dissented and Commissioner Tanner absent) to grant the appeal and overturn the Order on the basis that proper notification was not given. Lacking the four votes needed to pass, the motion failed. Upon motion by Vice President Swig, the Board voted (Commissioner Tanner absent) to continue this matter to February 20, 2019 so that the

3 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 6, PAGE 3 Bureau of Urban Forestry can provide more clarity on this project, specifically the type and size of the replacement trees and the source of funding for the trees. SPEAKERS: Richard Hall, appellant; Chris Buck, SFPW-BUF. PUBLIC COMMENT: Larisa Pedroncella, Peter Papadopoulos, Lucia Obregon and Kelly Hill spoke in support of the appellant. (7) APPEAL NO CHERRY TO, Appellant(s) th Avenue. Protesting the ISSUANCE on December 06, 2018, to Cynthia Lo, of a Site Permit (horizontal rear addition; ground level improvement; add bedrooms and bath; add interior stair; add family room at second floor; add master bedroom with bath at third floor). APPLICATION NO. 2017/12/18/6696S. ACTION: Upon motion by Commissioner Lazarus, the Board voted (Commissioner Tanner absent) to deny the appeal and uphold the permit on the basis that it was properly issued. SPEAKERS: Cherry To, appellant (through interpreter Jinxuan Ma); Michael Raifsnider, attorney for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI. (8) APPEAL NO THOMAS YSTURIZ-DOUGHERTY, Appellant(s) ACTION: Withdrawn. 189 Magnolia Street. Protesting the ISSUANCE on December 03, 2018, to Elizabeth Wall, of a Site Permit (convert existing office building to residential apartments; remodel and expand existing three-story building; two three-bedroom units on each floor). APPLICATION NO. 2017/01/19/7470S.

4 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 6, PAGE 4 (9) APPEAL NO KATHLEEN TRACEY, Appellant(s) 235 Surrey Street. Protesting the ISSUANCE on December 13, 2018, to Andrew Booty, of an Alteration Permit (comply with Notice of Violation No ; installation and enlargement of windows at the first and second floors). APPLICATION NO. 2018/12/06/7670. ACTION: Upon motion by Commissioner Lazarus, the Board voted (Commissioner Tanner absent) to grant the appeal and issue the permit on the condition that it be revised to require that the two windows at issue, in the rear of the building, be fire-rated in compliance with AB-009 of the San Francisco Building Code, and with further direction to the permit holder to submit revised plans reflecting this change. SPEAKERS: Kathleen Tracey, appellant; Alice Barkley, attorney for permit holder; Joseph Duffy, DBI. (10) APPEAL NO VERA CORT, Appellant(s) ZONING ADMINISTRATOR, Respondent Mission Street. Protesting the ISSUANCE on September 06, 2018, of a Revocation Request (requesting that Building Permit Application Nos. 2001/06/13/1442, 2005/12/09/9984, 2007/08/22/0507, 2009/02/19/2422, 2009/04/07/5794, 2009/07/03/1957, 2014/03/31/2028, and 2015/03/19/1342 be revoked due to the determination by the Planning Department that the property owner exceeded the scope of work on the approved permits by completely removing the entire front façade of the building; permits did not identify demolition of the front façade in their respective scopes of work and only allowed for the alteration of the building with retainment of the front façade). ACTION: Upon motion by Vice President Swig, the Board voted (Commissioner Tanner absent) to deny the appeal and uphold the Revocation Request on the basis that the Zoning Administrator did not err or abuse his discretion in issuing this determination because the permit holder exceeded the scope of work on the permits, and with further direction to the Zoning Administrator to put other city departments on notice of other possible violations at this property. SPEAKERS: Mark Meyer, attorney for appellant; Scott Sanchez, ZA. PUBLIC COMMENT: Larisa Pedroncella, Vicky Castro, Alicia Sandoval, Davian Contreras, Arturo Mendez, Kelly Hill, Lucia Obergon, Brittany Henry, N. Monica Almendral, Zachary Weisenburger, Erick Arguello, Jesus Varela, Rick Hall, Peter Papadopoulos, John Mendoza, Noemy Perdomo, Roberto Hernandez, Norma Garcia, Josette Maury and Richard Einselen spoke in support of the Department. Louis Cornejo spoke in support of the permit holder.

5 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 6, PAGE 5 ITEMS (11A) AND (11B) SHALL BE HEARD TOGETHER (11A) APPEAL NO CARLOS BOCANEGRA, Appellant(s) (11B) APPEAL NO CARLOS BOCANEGRA, Appellant(s) th Street. Protesting the ISSUANCE on December 05, 2018, to th Street LLC, of a Demolition Permit (to demolish an auto repair shop). APPLICATION NO. 2015/12/31/ th Street. Protesting the ISSUANCE on December 05, 2018, to th Street LLC, of a Site Permit (to erect seven stories, one basement, Type 1, mixed-use building with 53 dwelling units). APPLICATION NO. 2015/12/31/6248S. ACTION: Upon motion by Commissioner Honda, the Board voted (Commissioner Tanner absent) to deny the appeals and uphold the permits on the basis that they were properly issued. SPEAKERS: Vice President Swig (disclosed that he has engaged in the past with the law firm of Farella, Braun & Martel and that the firm s appearance before the Board of Appeals would have no effect on his decision); Carlos Bocanegra, appellant; Steven Vettel, attorney for permit holder; Scott Sanchez, ZA, Joseph Duffy, DBI. PUBLIC COMMENT: Larisa Pedroncella, Kelly Hill and Peter Papadopoulos spoke in support of the appellant. ADJOURNMENT. There being no further business, President Fung adjourned the meeting at 10:32 p.m.