BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES - WEDNESDAY, FEBRUARY 24, 2016

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1 BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO MEETING MINUTES - WEDNESDAY, FEBRUARY 24, :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 Bobbie Wilson and Commissioner Rick Swig. Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Jana Clark, Deputy City Attorney, OCA; Scott Sanchez, Zoning Administrator (ZA); David Winslow, Architect and Urban Designer, Planning Department (PD); Jeff Joslin, Director of Current Planning, PD; Omar Masry, Planner, PD; Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Rahul Shah, San Francisco Public Works Bureau of Street Use and Mapping (SFPW); Brent Cohen, Junior Engineer, SFPW; 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: None. (3) ADOPTION OF MINUTES Discussion and possible adoption of the February 17, 2016 minutes. ACTION: Upon motion by Commissioner Swig, the Board voted 5-0 to adopt the February 17, 2016 minutes. SPEAKERS: None.

2 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 24, PAGE 2 (4) SPECIAL ITEM Presentation by San Francisco Planning Department Residential Design Team staff to provide an overview of the Residential Design Guidelines and the process undertaken when proposed projects are evaluated. ACTION: None. SPEAKERS: Jeff Joslin, PD and David Winslow, PD discussed the residential design guidelines and how the residential design team at the Planning Department reviews projects. (5) APPEAL NO JIM CONNELLY, Appellant(s) SAN FRANCISCO PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent 2567 Gough Street. Appealing the ISSUANCE on December 23, 2015, to Blue Fog Market, of a Sidewalk Tables and Chairs Permit (for eight tables and sixteen chairs on the Green Street frontage of the subject property). PERMIT NO. 15TC ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to grant the appeal and issue the permit on the following conditions: (1) it be limited to eight seats and four tables; (2) the permit holder shall use his best efforts to manage delivery trucks so they create an open lane to allow traffic to pass; (3) the permit holder shall have staff routinely proceed outside to monitor and discourage double parking by customers; (4) the permit holder shall provide a telephone number for a community liaison who can be called to address double parked cars; and (5) Public Works shall review these conditions at the time of permit renewal to see if they have had any effect. SPEAKERS: Jim Connelly, appellant; Bridget Maley, agent for appellant; Frank Slacik, permit holder; Brent Cohen, SFPW; Scott Sanchez, ZA. PUBLIC COMMENT: Letitia Yang, Jane McWhorter, Skye Czember, Maureen Holt, Daniela Kirshenbaum, Richard Emerson, Chris Oliva, Anna Franzoia, Donna Morrison, Marshall Berol and Terry Morrison spoke in support of the appellant. Justine Hewett, Denise Wells, Samantha Hicks, Emmanuel Lemor and Lesley Leonhardt spoke in support of the permit holder.

3 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 24, PAGE 3 ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER: (6A) APPEAL NO LEEANN NAPOLITANA, Appellant(s) (6B) APPEAL NO FRANCES JUDNICK LIVING TRUST, Appellant(s) 8 Palm Avenue. Protesting the ISSUANCE on October 08, 2014, to Joshua Baker, of an Alteration Permit (revision to BPA Nos. 2014/11/21/2271 and 2015/01/28/6904; south breezeway to remain at existing grade; entrance to Unit 2 revised to rear of building; rear yard retaining wall modifications). APPLICATION NO. 2015/10/07/9127. PUBLIC HEARING HELD ON JANUARY 13, FOR FURTHER CONSIDERATION TODAY. Note: On January 13, 2016, the Board continued this matter to allow time for the permit holder to prepare revised plans that show an alternate design with no entrance in the rear. On February 10, 2016, the Board further continued the matter to allow time for the parties to discuss resolution and to submit a list of conditions. 8 Palm Avenue. Protesting the ISSUANCE on October 08, 2014, to Joshua Baker, of an Alteration Permit (revision to BPA Nos. 2014/11/21/2271 and 2015/01/28/6904; south breezeway to remain at existing grade; entrance to Unit 2 revised to rear of building; rear yard retaining wall modifications). APPLICATION NO. 2015/10/07/9127. SEE NOTE ABOVE IN APPEAL NO ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to grant the appeals and issue the permit on the condition that (1) revised plans dated February 10, 2016 and labeled as sheets A111 and A203 be adopted to reflect the change of the entry for the ground floor rear units to the side of the building; (2) the final location of the sidewalk conform within the limits of the Langford Building Line Survey referenced in the appellant s submittal dated February 18, 2016 in terms of where the property line is located; (3) the final elevations and amount of excavation shall be reviewed by the Department of Building Inspection (DBI) for conformance with the original grade; and (4) to allow the DBI to administratively incorporate changes to the structure and walkway. SPEAKERS: Leann Napolitana, appellant; Elizabeth Bader, attorney for appellant; John Kevlin, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.

4 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 24, PAGE 4 (7) APPEAL NO MISSION BAY ALLIANCE, Appellant(s) PLANNING COMMISSION, Respondent Mission Bay South Blocks 29 & 31. Protesting the ISSUANCE on November 05, 2015, to GSW Arena, LLC, of a Planning Code Section 321 Motion for Office-Space Allocation (to approve the design for construction of the South Street Building and the 16 th Street Building authorizing 577,000 gross square feet of office development). MOTION NO. M ACTION: Upon motion by Commissioner Lazarus, the Board voted 4-1 (Commissioner Wilson dissented) to deny the appeal and uphold the Motion with a finding that the legal challenges to the underlying resolution and motion are time barred and that the requirements of Planning Code Section 321 have been met, based on the briefs, testimony and evidence presented, with the adoption of the findings and conditions of the Planning Commission reflected in Motion M-10592, and environmental findings. SPEAKERS: Tom Lippe, attorney for appellant; Neil Sekhri, attorney for motion holder; Dwight Long, agent for motion holder; Scott Sanchez, ZA. PUBLIC COMMENT: Gregory Armani Jones, Natavidad Gaunato, Supina Cantana, Luz Porcalla, Brandon Hazel, Kristen Yamboa, Monica Barnett and Criston Walker spoke in support of the appellant. Tim Slaughter, Christopher Haas, Thomas McDonagh, Joel Koppel, Pat Valentino, Jen Curtin, Toni Mobley and Victor Ume-Ukeje spoke in support of the motion holder. (8) APPEAL NO GREG STEPHENS, Appellant(s) ZONING ADMINISTRATOR, Respondent 616 Divisadero Street and 1282 Hayes Street. Appealing the ISSUANCE on December 30, 2015, to Divisadero Hayes, LLC, of a Rear Yard Modification and Parking and Loading Variances (to permit no off-street loading space in association with the proposed bar and amusement game arcade use at 616 Divisadero Street, and to construct a 5-story residential building at 1282 Hayes Street that will extend into the required rear yard and provide two stacked parking spaces within 25 feet of the main front wall). CASE NO V. ACTION: Upon motion by Commissioner Lazarus, the Board voted 5-0 to deny the appeal and uphold the Rear Yard Modification on the basis that the Zoning Administrator did not err or abuse his discretion, and uphold the Variances on the basis that the five findings required under Planning Code Section 305(c) have been met. SPEAKERS: Greg Stephens, appellant; David Silverman, attorney for motion and variance holder; Mark Topetcher, agent for motion and variance holder; Scott Sanchez, ZA.

5 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 24, PAGE 5 PUBLIC COMMENT: Christina Cadrio spoke in support of the appellant. (9) APPEAL NO TIMOTHY ADAMS, Appellant(s) 1133 Russia Avenue. Appealing the ISSUANCE on December 30, 2015, to Richard Lyman, of an Alteration Permit (new deck addition at the rear side with two new French doors; legalize existing bonus room and bathroom at ground floor). APPLICATION NO. 2015/11/20/3254. ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to grant the appeal and issue the permit on the condition that the deck; be reduced to a depth of seven feet excluding the stairs; the circular stairway be centered at the rear of the deck; and lattice of five feet in height be applied to both the sides of the deck, on the basis of promoting neighborhood tranquility. SPEAKERS: Timothy Adams, appellant; Debbie Kjellberg, appellant; Herman Hoying, attorney for permit holder; Laura Lyman, permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA. (10) APPEAL NO KATE AND DOUG ANDERSON, Appellant(s) ZONING ADMINISTRATOR, Respondent 893 Ashbury Street. Appealing the DENIAL on December 31, 2015, to Larry Paul, of Front Setback and Unscreened Parking Variances (to create one unenclosed offstreet parking space in the front setback of the existing single-family residence). CASE NO VAR. ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to deny the appeal and uphold the denial of the Variance on the basis that the five findings required under Planning Code Section 305(c) have not been met. SPEAKERS: Doug Anderson, appellant; Scott Sanchez, ZA.

6 REGULAR MEETING, BOARD OF APPEALS, FEBRUARY 24, PAGE 6 (11) APPEAL NO HENRY TANG, Appellant(s) 1801 Fulton Street. Appealing the ISSUANCE on December 28, 2015, to Verizon Wireless, of an Alteration Permit (install new micro telecommunication facility on building rooftop: one 18" diameter faux vent pipe to conceal one antenna; four Remote Radio Units mounted to new H-frame; one new GPS antenna; one new Charles cabinet mounted to new raised concrete slab on grade). APPLICATION NO. 2015/02/25/9356. ACTION: Upon motion by Vice President Fung, the Board voted (President Honda dissented and Commissioner Lazarus absent) to deny the appeal and uphold the permit on the basis that there is not substantial evidence to deny it. SPEAKERS: Henry Tang, appellant; Jim Heard, attorney for permit holder; Scott Sanchez, ZA; Omar Masry, PD. PUBLIC COMMENT: Jean Kellogg, Galina Vinick, Igor Gamir and Doug Loringer spoke in support of the appellant. ADJOURNMENT. There being no further business, President Honda adjourned the meeting at 12:15 a.m.