Comment on the consent items not seeing any. Okay commissioner lee commissioner joseph commissioner thomas commissioner perez and president tan that item passes and moving to item 7 discussion and possible action plantations for permits and other jurisdictions the Entertainment Commission we have 4 and our Deputy Director will introduce them. Our first permitted applications for billboard for richmond republic on clemente responding republic a beer bar and restaurants with a pool table thats why theyre here and the richmond station recommended approval with no conditions here to times square talk about the application is the owner. Good evening, everyone im andy ill one of the owners of the richmond republic we opened our doors in 2014 and service a local craft bar we only serve beer and wine from the bay area food is local as well we have a ground floor and a little mesininmesinine. That seems to be straightforward in any commissions questions or comments. All right. Have a seat Public Comment on richmond republic billboards license no lets take a vote. Commissioner lee commissioner joseph commissioner thomas commissioner perez did we had a no motion. No. I motion to approve. Second. laughter . All righty the motion that didnt exist so the motion by commissioner lee and the second is commissioner thomas commissioner lee commissioner joseph commissioner thomas commissioner perez and president tan. That motion carries good luck with that and hope to come by and play billboards next the fillmore Heritage Center. Our second permitted this evening a place of entertainment for Heritage Center an 13 thirty fillmore in the space opted out by you dont shes with the focus events including Live Performance and music concerts and also do comedies and used for parties and special events theyve done Community Outreach some in the files are coming in a little bit later a couple of those are support letters from the office of Economic Workforce Development as well as supervisor president London Breed Office the station recommends approval with the Good Neighbor policy and here to talk about is the owner of the place. President tan commissioner joseph congratulations again, im going to turn it over to lisa nor cognizant of the project than i am i building weve passed all our inspections and requesting a grants rather than a continual grant other than lisa. Is this timer going to starts i want to check and see off so you dont have the presentation but should be there. Oh, there it is. Whoops i proceeded i dont know how to make it go back with the mouse ill explain what urban solution is for 2 two years urban Solutions Built more better neighbors one best at that time, in under served neighborhoods and phil the vasectomies we firmly believe that vacancies creates a vacant and create the better to be safe than sorry businesses to assess the capital and help them with the leases and provide Technical Support one of the things we do we help to activate merchant corridors and we have been active in the fillmore merchant corridor for over 20 years that concludes my report. The merchants in the lower fillmore neighborhood helping them with the ramping and access to capital and putting on events and marketing and others aspects to bring feet on the streets to the lower fillmore we working closely with the Mayors Office of housing and Community Development and as part of the work supporting the lower of him corridors we were asked to activate the former business folks in the neighborhood and machineries have been suffering by having a huge, huge space empty for so long and in fact, it was our understanding that when the building was built the fillmore Heritage Center the neighborhood and local residents will have access to the space and now the space is not being used as a entertainment venue it is important we have the space open and qualified so were honoring the commitment to the neighborhoods and the residents and also our neighborhood merchants can benefit from having feet on the streets rather than scott wagner an enormous vacant storefront as part of project we put together a enormous program to benefit the neighborhood and the idea is that we will have the fillmore Heritage Center open and available for events maine for the communities to rent the space and it will be available through december 2016 when we first started the project back in january our original plan to activate 4 spaces therapy the art gallery, the Screening Room, the lobby which is basically the walkway tattoos parking garage and the Cocktail Lounge so we built how plan on that and thought oh, people can have an event not art gallery a show or invite folks and have a Film Festival going on in the neighborhood but really become obvious people said if youre activating this we want to put on a show and designed for music go where is the music so coming from that we spent a lot of time trying to figure out how to have music and we have successfully had 3 music events had a salsa festival and concerto and had to keep on going to the teamster to pull a oneday license and finally jocelyn contacted us and suggested we come and receive an apartment permits only activated until december but such desire to use it as intends thats why were here for our place of entertainment grant. As you can see we have a website where folks in the neighborhood can see what we have available whoops how do i make it go to the next oh, whoops no, i cant say go backwards no going back im sorry not clear for i apologize one of the things we have a technically training call big tech for small buzz i could benefit we help the businesses with technologies and help to build their biz and what happens after december 2016. The city will issue an rfp to get the building sold this is activating the building while in the process while the rfp process is there we dont want it sitting there by. And planning to hold how many more events there four months period. Funny you should ask to events that we have people that have confirmed theyre interested we have a report. Weve had 13 events since we went active and officially the kickoff at the end of may may 27 a migration ceremony and hosts june 18th that was amazing and then it is gone on and folks interested in having business presentations and town hall meeting a nonprofit that is using the restaurants area to have a symposium on fundraising and the supervisor candidates meeting and poetry and talk shows and merchant bizarre as well as a halloween masquerade. I get it. Does that answer your question. Now it is available people are interested in it happen and as parts of grants agreement with the office of Economic Workforce Development were making live Space Available at low rays for the community and the rentals rate commissioner crews 6 security guards they include janitorial services, and includes staff time so it is all of our effort of marking the Space Available and assessable to the community to have events and activate the space. So we have done considerable did you have a question. Yeah. He did you said the rental includes 6 security guards. Is youre actually 6. It is depend on the space their renting for instance, for the theatre the occupancy is 4 hundred and 17 so we will as part of rental fee that will cover that of security guards will be covered as their rental fee and require people renting it to have more security. Do you have people represent that simultaneously like the Cocktail Lounge and the theatre at the same time. Nates thats not happened we have people interested in renter the Screening Room but all connected to the same events. Therefore the occupancy went up to what. The Screening Room has an occupancy of 39 can i ask another question during the fence is alcohol served or a indicatorer. It depends on the event some events have alcohol it requires that the events host pull a abc license and then, of course, needs to have that with someone that is either the carter or the absent license. Kibitzing. You want to keep ongoing with their presentation. Sure weve spoken about the outreach and a considerable number of supporters people that have hosted events and looking forward to hosting more as you can see we have the support of supervisor president london breeds and Mayors Office of Economic Workforce Development weve reached out the hoa the lower i fillmore are Merchants Association and individuals merchants and neighbors and the Fillmore Group has submitted their letters of support. So i love your line feed on the streets that is awesome that is great i guess my question to you is that it is a great says that a great neighborhood theres a lot of jazz and great music going on there why do you have any idea why it didnt work before and how are you been well have you a short timeframe if it workers or didnt work your timeframe is short. Yeah. For this the purpose of this project so activated it with specific events where people are advertising them theyre either public or private events but their advertised it hard to support a 4 hundred space jazz jazz is a smaller intimate venue. Thats a great answer. Okay. Thank you. Commissioner lee. Can you tell me how do you screen or use i mean a ton of nonprofits and a ton of different causes im curious how you go b. A. About you know wanting to know, you know who will be a great consumer for this evening will all your venues stop at midnight. My dads says nothing good happens after midnight laughter . Her dad lived in. Now my son a becoming a teenager im sticking by that i know that is on tv. So the way we are screening is first for the most part the priority to folks the neighborhood that have neighborhood connections saying look we want to put something on life giving and viable for our neighborhoods for the most part folks inviting people that know people that automatically kind of changes the tone of the fence because of people that know each and everyone we require anyone having an events provide their permit application you have to put in a deposit and have to go through the process of getting additional Events Insurance and may the city and county of San Francisco naming them an, an insured that kind of stops people like if youre not going to do that how will you be organized to put on a events. Your security plan we discussed a few meetings good i think this is the First Security plan with an activate shutter plan we had a discussions a while back and seems cover is a good model for a lot of the night clubs in the city im impressed on the items owe commend you you dont need such a plan. You dont i hope not but thank the gentleman. We have a comment it is important that everyone the commission to i think something a security person looking at it it what if this happens if this happens you know. Well, i think this project is really debris know it were for 4 months i wish for 40 years using a great space and activating and allowing the communities members to use it is too important for nice venues their cost be prohibit active the fact for graduations and parties is a wonderful thing thank you very much for dead on arrival doing that. Thank you. And teaching people to do events planning in a complicated city is great too i think those hosts december 2016 to continue on you know depend on what they decide to do with that afterwards there is a 0 role that you as urban solution can play and the community can play in making that venue thrive so commission oh, i think supervisor president london breeds office here and take Public Comment. Hello thanks for coming in and finally activating that space how long having you started goodbye welcome to the San Francisco General Hospital the presiding officer is commissioner honda and joined by commissioner fung and commissioner ann lazardus and commissioner Bobbie Wilson and commissioner swig to my left is thomas owen for legal advice hell provide the board with any legal advice and at the controls gary the boards legal assistants sniemdz were joined by representatives from the city departments that have cases before this board. Sitting at the table in the front is senior building inspector joe duffy dbi and next to corey the assistant Zoning Administrator representing the Planning Department and Planning Commission and next to them in the front right now is carli short the superintendant of urban forestry and chris buck with the San Francisco advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. People affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. Speaker cards and pens are available on the left side of the podium. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 Mission Street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do after youve been sworn in or affirmed raise your hand youre going to speak do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Great. Thank you so well move to item one that the general Public Comment any Public Comment on an item not on tonights calendars but within the boards jurisdiction thats what Public Comment is for seeing none, item 2 is commissioner questions or comments commissioners anything. Okay. Thank you then item 3 the boards consideration of the minutes of august 10th. Fellow commissioners additions, deletions, or changes we have a motion. Thank you any Public Comment on item the minutes seeing none, then a motion from commissioner lazarus to adopt the minutes on that motion commissioner fung commissioner honda commissioner bobby wilson and commissioner swig thank you that motion carries with a vote of 5 to zero before i call the next item i want to find out find out if there is an translator here from bulls eye Transactions Services okay. Well president i dont know well, well move on to the first item and see if shes here before the next item the first item item 4 stephen gains versus the public works of unified on nordoff street to 95, llc of a tree removal permitted from a rear location to the front of the property the matter was continued to allow times for parties to discuss possible resolution and for commissioner wilson to participate in the vote when that was original heard commissioner swig moved but that motion was withdrawn and a motion to continue a night that commissioner swig will be present and i believe that commissioner bobby wilson youve had an opportunity to review the video and materials thats right and commissioner honda ask the parties to address the reuben, julius rose on a project as counsel. Reuben, junius rose representation as an entity before the board will not have an effect on my decision. This evening. Okay i think were going to straight to like it is it it normally and unless you. I want to speak to the permit holders counsel if they could come up so encourage this was a while back i watched the video again, this afternoon several months time any movement or with the appellants as well as the permit holder. Weve not had discussions with the appellants we didnt understand that to be the direction from the board but talked about it and the permit holder has given some consideration to alternatives if the board wants to talk about that. Sure couyou have them elaborate. Ill have many speak. Thank you, president and Board Members just im with nordoff, llc wanted to state a couple of things first of all, were here because the permitted was to cut the tree down we heard loud and clear about the eco system regarding the tree so we work hard to save the tree not to harm but want to save the tree and build housing at the site we introufd tree movers and numerous tree removals for those in the country we spared no expense we consulted with the staff of dpw and urban forest and they first were skeptical by the way, convinced that that was is on balance a good solution for the proposal. Sorry not to interrupt you not to rehear the case. Fine i want to say at the direction of the boards or neighbors were willing to move the tree to another logically on the other hand, location to 23 or 99 or move to 89 were completely flexible and looking for direction well put it in the street on nordoff within the street realm were prepared to work with everyone in good faith were here to do that weve been building in town for a long time and want to work with the neighborhood and want is a project that works for everybody were hoping that is reciprocated. May i ask question very simple question have any of the specialists or the ones you choose moved a tree like this of this variety of this size, of this scope within the city of San Francisco or even the San Francisco region ever in their lives. In the San Francisco bay area yes. In an urban setting. I dont know the answer to that question but know that the utmost confidence hes moved it for the white house and in San Francisco. Santa rose on a municipal railroad line. Thank you. Youre welcome. Sure. Okay. I dont know if you want to give time to the since we gave a minute or two to the approving or disapproving would the appellant like to mention anything specifically my question has there been any forward progress in communication. Thank you for taking a few minutes to hear us i was not prepared to speak i want to when we met in may no communication or effort to talk about this alternative plan we came out forcefully it is not just about the tree itself but about the history of significant legislation that is out there that the precedence setting to the trees. Again not. Is there a reason you reached out at any time to the permit holder we had no reason to reach out and thats the question on both sides im trying to get. Not the passage of it. Thank you very much. And the departments any comment on this subject okay. So go ahead the commission has a question for the department. Any thoughts about alternative sites or is this the first hearing. We need to review it but reviewed the plan to remove initially i think probably not going to be a huge difference in the plan but, yeah. What about the movement into the streets. Im not sure that is feasible certainly not in the current the streets current form it is just simply two large but if we do build mediums that will be a different process entirely and ms. Short this process is way earlier the permit holder will have to the lot approval correct not a done deal if we approve or disapprove. They need to get their permits from the Planning Department. Thank you and i think since weve heard from the various parties any Public Comment on this matter since it is opened up. Okay. Seeing none, then commissioners back into deliberations and take it from that. May i have reinstate my original motion please. Sure. laughter . Before we jump into the soup i was watching the video didnt see that much deliberations and wanted to hear more from my fellow commissioners. Or may not. I think the for me the key issue this is a. I got it. laughter . You asked. Youve heard me. I wanted to get a different. For me we ended up continuing the case my concerns for the health and of the tree again, i have to weigh that against the Property Owners rights as well the fact that hes welcoming the concern theyre moving a tree closer to another property that person came and spoke with a concern in regards to that as well the reason i asked for both party to come up preferring having them have conversation during the 3 month period he vvenl they didnt i wish the movement of tree would have been brought up im on the fence at this time. Conflicted im still conflicted. Make the motion then. Id like to reinstate the same motion i made before you, read it since you have it in front of you. Your motion to grant the appeal and deny the permitted i think we didnt get to the point as stated. It will change the character significantly change the character of the neighborhood and i think ill leave it at that is that enough. Okay. So the motion then by commissioner swig to grant the appeal and deny the permitted on the basis that moving the tree will significantly change the character of the neighborhood commissioner fung no commissioner lazarus commissioner honda without additional terms ill say no. And commissioner wilson. No the vote is 2 in favor of the appeal and so that motion fails or any other motion the Building Permit is upheld by default seeing no other motion move on to the next item item 5 appeal peter versus the department of building inspection with Planning Department approval of the property at 350 ellis street the issuance of a site permitted accessibility upgrades. Ground floor and office and common area and lobby renovation and the elevator modernization and the envelope fixtures and lighting upgrades and site improvements and north and south facade improvements we have interpreter speak as you wish. I want to read my appeal on sales. When you speak to me then use the interpreter. Since i dont understand. Youll have 7 minutes to present our case to the board. Why we do not want the construction in the city for the construction built in 350 l there are a few parts first when companies do program rent and included building 350 ellis in this program and from the destroyed this building how the her building was and this building 3 year was reconstructed now we are this building bring to you only valets of how its building and you knew air cleaner system and new fire alarm system and electric now theyre building a lot more how fireman pours water on ceiling floor in 3 years was reconstruction and we ask you dont give permitted for construction dont give because this building in very Good Condition and this this does not be but to people dont want that you give the permitted to this reconstruction please look at attachment four i give you it does two plans one for now it would new owners want to reconstruction and you can see they want to grant all inside building they want to grant they build a lot of vaults and they want to grab that common area it is a special area for the people it is all built a common area when people can this wheelchair and walkers have their celebration meetings we ask you, please dont give this permitted it is discrimination in our people next what i want explain you look at please front yard in this as you can see in front of yard we have now straight way from the enhance to the building to the elevators to the backyard and who would do you stop you for a minute if you want it show it on the screen well see that better. There are now straight way with this. Here is gate here is entrance it is a celebrated and this is backyard a what they want to do now so this. They want closed straight away this and indeed a way long conducted for the people you must understand this venue is of mound not straight now where is origin horizontal and they want it the long way crooked way and of mound they wont give it is discrimination for the people. I want that you look at in backyard and you must know you must know for this crooked way they want broken 3 garden place and 3 stone fence they want broken front vault in the building they want broken electrical room why never can understand this if we have now straight way and they to grab all inside of this building they want to grab all common area look in backyard backyard they want in right corner viability people cant the cars this vault walkers and wheelchair jump off grass and they want plants right side to us for viability to massing and they want to build brand new building in this building they want build office and built new common area common area would they wont build is very small in that building must leave one and 50 people we have now 3 thousand square feet common area they built 3 thousand they cant understand hundreds of warehouses a lot of tables and piano why, why in this common area thirty Percent People wheelchair this is discrimination disabled people and you can now now old people and Companies Want they work at home they build New Buildings. Im sorry your time is up. If you want to finish that one thought. I want explain. Youll have 5 minute rebuttal. No, no youll have time in rebuttal, sir. They did crowd in that building. Sir. One second. Sir, sir one second please. They wont change the status of this building you must know they wont receive 10 apartments he 11 percent of apartment in this building they want to receive why instead building this status for disabled people they must receive this. Maam, explain to him, i will have another opportunity to speak and continue okay. Youll have another time. Thank you and interpreter if youll continue to interpret the rest of evening well well hear from the permit holder now. Please whoever is speaking on behalf of the permit holder please step forward. Board member my name is don falk im the ceo of the tenderloin corporation thank you for your time and effort to adjudicate this im requesting for your support to expand and enhance the first floor social Services Space an alice street our conversation with the appellant this is really around the loss of parking let me begin with history tndc is the codeveloper with the Live Community housing tndc knows something about this we own and operate 3 thousand housing and 3 thousand homes for seniors and people with disabilities we do a lot of work with the social community and thirty staff on the 350 is ellis of 29 properties in the Mayors Office of housing have orchestrated through the rental Demonstration Program and their Housing Authority so all 29 are undergoing building district and the liveability of the properties so speaking of that Mayors Office of housing and Community Development representatives mohcd are here to answer any questions you might have tndc has a lot of experience doing opted out renovations weve done 10 or 15 buildings and understand this is a very difficult process for everybody involved ellis 350 was constructed in 1970 and in need of major renovation the construction budget is Something Like that 27 million theres much wrong with the building it does meet accessibility standards not up to 88 code and the bike Safety System are inadequate with bedbugs and other things a history of deferred maintenance our scope of work includes new flooring and Kitchen Cabinets and life safety improvements and sprinkler safety and seismic work and improving the accessibility the scope that i described does not include the work on the ground floor so the ground floor uses which are right now totally inadequate include the front desk one office and a small laundry room the kitchen is node ada compliant there are 12 Parking Spaces and 9 for tenants of the 96 units altogether so what we are proposing to do on the ground floor is expand the laundry room, add space for the Property Management as well as for the social workers staff separate the offices upgrade the front desk with better security and provide assessable and renovate the kitchen and separate the Community Room the architect is here and can articulate better or address any questions i think the big picture for us those improvements will make for a better place to live for 96 seniors and people with disabilities for generations to come. The building footprint is simply not big enough to accommodate the changed were envisioning and proposing i want to add have been exhausted by the Mayors Office of housing as well as Building Department not big enough to accommodate the parking space parking and weve approached this with as much sensitivity and understanding as we can keeping in mind the welfare the seniors and people with disabilities that will be living there and i want to take a moment to introduce our partner deborah widow from fwlief Communities Housing to talk about how we work with the tenant thank you. Hello, im deborah in glide partnering with tndc on this project im sorry were here we like to work out issues at home and with the residents im sorry to be in front of i want you to know this process was an inclusive process met with the residents and heard the concerns sea envisions but regardless to something new there are concerns were sensitive to the fact people are losing that concludes my remarks thats a sense of belonging definition for them ever point of the way we try to stay connected and hear the concerns and handhold and be supportive a lot of the concerns were you really around the parking and in lui of the parking the space is really right now has a lot of space Parking Spaces not really Community Space the residents want to be able to barbecue and have community gathered weve heard that the architect came up with a sensitive design and talked with the residents about the option theyre losing theyre parking and gives the neighbors parking space facilities well pay for during construction could be 2 and a half years and offered them a lump sum for the inconvenience of parking and others options free muni passes and paratransit uber or city car share other options delivery the prescription drugs delivered to their home and whatever support around losing the parking if this is an option theyve chosen thank you. Are you folks finished. You got about 20 seconds. laughter . Yeah. Sorry i think thats the summary note we tried to handle this with as much sensitivity and meet with the residents monthly around gathering and the concerns and he moving to relocate we know were staying close in trying to be sensitive to their issues okay. I have several questions. The appellant has mentioned a number of things in his brief id like to understand your documentation references 97 units and upon completion of renovation youll have 97 units nobody will be force bly moved; is that correct. Thats correct. Relocation is a part of the progress and number one so the rad program prohibits displacement per say and the plan for us to achieve enough vacancies we can move people within the building. For the appellants can you flush out a little bit further the details of what outreach you use the general term residents but how about the appellant was there any need for transaction services. Every time weve met we arranged i think early on we didnt but once we think understood we have a translator. Can you speak into the mike. I wont say every single time but multiple times. Met with him and so my staff has worked with him he wants a transfer and staff helped him facilitate applications for transfers of a unit and tried to see how we can resolve this before coming here and some of the things important to see if with what we could facilitate to make this for comfortable for him were in a scenario not treating one resident different from the others but tried to address his concerns and a lot of it will be once as many of the services i told you listed you have to be willing to receive them were willing to work with him and continue to work on issues that are important to him. Your notices indicate that generically you can accommodate renovation without move out it states a number of times in the notices is that true or is that the appellant will most likely are to relocate. Yes. Go ahead. Good evening dba relay project manager tndc there will be temporary relocation required as were doing the construction 2, 3, 46 phases 12 stories phase we do needs to clear out two stories at that time, and well accommodate that well be moving people in and around the building with a staff of 3 relocation specialists 10 or 12 relocations and this is our third rad program were accustomed to that process this is no permanent relocation. Youre not going to handle the renovation vertically youre not replacing our vertical infrastructure. Forgives me construction is not my expertise. My name is robert with the architect i the president to address some of the issues about the building the appellant released in general were not replacing the vertical systems putting in a Sprinkler System but the renovation will starts at the top and move down the building ending with a common area on the ground level but the idea the tenants will be relocated within the building. As an aside the sketch that the appellant computed in his brief we have exit problems in the ground floor. Can i address. No, thats all right. Deal with the Building Department. The Building Departments be signed off on all the exits i think the package is an earlier package. One last question will be mr. Falk mentioned that was primarily a parking issue on what basis you made that determination. So as deborah mentions weve met with the appellant numerous times with the help of the translator and the loss of his vehicle seems to be the our understanding the preliminary motivation why were here today. Whats is likely hoods of looking for other Properties Within the institutions that are represented here whats the likelihood hell relocation with a parking space. I can have any chief protocol officer speak to that shes been examining that issue. Good evening. Im cynthia the chief protocol officer at the tndc weve looked at across the protocol to see if there was a way to accommodate the request of the appellants for space with parking most of building are in the tenderloin so they dont come with parking in addition in trying to figure what we could potentially do we have restrictions from investors from regulatory agencies and criterias so it makes it difficult and challenging to say well make an exemption for this because of the restrictions we have we continue to look for ways of trying to make that work were engaging with Housing Authority so see if there are opposites and if were not able to accommodate the appellant but working with the Housing Authority for them to provide vouchers for the circumstances and work with to try to see if we can have the appellant receive one the vouchers that allows i am then to look for other areas and Properties Come with parking and facilitate you guess hills search well engage with the relocation with the organizations were familiar with in helping and assisting him that will meet the two needs the housing and parking provided we get that voucher were looking across the protocol it is difficult we dont have much available period and even you know again, the tenderloin didnt 0 come with parking we continue to look but looking various he avenues simultaneously. You answered my question. Okay any mr. Teague. Good evening commissioner honda and commissioners corey teague for the Planning Department staff briefly the Planning Department has worked for some clefb with the Mayors Office of housing and Community Development on the rad program that includes multiply projects weve been working with them on the permitting that sometimes requires variances or Planning Commission hearing in this case only a Building Permit application the ceqa clearance was oakland on september 16th of 2017 and the Building Permit is fully compliant with the Building Code and the staff didnt receive any comments from the public and as such the Planning Department approved it on january 2016 im available to answer any questions you may have. Mr. Duffy. Good evening, commissioners joe duffy dbi the primary under appeal the description of work was for ground floor addition Office Common area and ramps storefront replacement and elevator modernization and envelope improvement and accessibility and casework and plants and fixtures and lighting upgrades and site improvements and new facade improvements the value of the work at the 21 million, the Building Permit was reviewed but as you heard city planning the Building Department and Fire Department and dpw and it was issued and from Building Code point of view i dont see any issues with our approval so im available to answer any questions thank you. Thank you. Thank you. Any Public Comment on this item . Please step forward. Good evening Board Members including but not limited to i my name is a kate the Deputy Director of the Mayors Office of housing and Community Development and want to quickly give you give you a little bit of background hud has. Arent you funding this project. Yes. We are a lender on this project. And. Your technically based on our rules part of the permit holders team. If the permit holder wants to give up their time during rebuttal youre not part of public. So well take other Public Comment first and then move to rebuttal theyll make that decision please come forward. We can change to the other mike. Hello my name is Louis Costello i am the Vice President of the 360 ellis Tenants Association unfortunately im going to be one of the ones that lose theyre parking but ive been to a lot of meetings with tndc and the benefit of all of their work we really need it the renovation and the building if been neglected for many years and from ive been to meetings and seen the plans i agree that we need tndc to get the help and also the memorial thats where were at im here to make my comments that we need the renovation. Thank you nice and short thank you. Thank you. Is there any additional Public Comment . Okay. No total Public Comment well have rebuttal and start with the appellant. Yes. Your turn. 3 more minutes. 3 you must understand if you found now of ground floor one position would good for yours i take my appeal back one position front yard discriminate inside they discriminate they grabbed our area they built new building i wont explain to you the financial part who understands what good people can come and say i lose my parking and not very happy i understand this but you must understand owners dont pay for this building they not own they want they free tax money from city from sponsors and built New Buildings new why. Whoever can understand why people take 31 million not 21 as 31 million i give you paper number 6. They take 31 million from the city and sponsor free tax dollars and they want to take from bank they wont give our building at the ground for bank and take money you must understand why people take 31 million in rent from this building for 10 years can be 3 and a half Million Dollars only if you dont pay the rents for land is as for 10 year this building can collect 3 and a half Million Dollars they wont spend loosely in construction not have only discriminate people they have professional mistake if you want to see the project you can understand that they closed the road to the backyard and in a few things must be Electric Company sometimes they change the generic and now we sorry i finish my sentence. They take they smile from bank and an amount people dont take if this position what do they have i explained in the program i have you can see there are they give our building to the bank but was they built they receive as they only property you can understand few years later few years later city moves a matter of buildings because they cant pay for this. Okay sir, your time is officially over. They want 25 million you dont give me. Everyone has the same time, sir 7 minutes initially and 3 minute rebuttal we let you go well over our time, sir. Thank you, thank you very much this is corruption only 3 hundreds permeated they want to take for the workers 3 thousand with three hundred apartments and this building for seniors and people with disabilities if you found something on ground floor for years i take my appeal back. Okay. They millions sorry. Okay weeks ago hear the rebuttal from the permit holder 3 minutes. Members of the board the appellant has a lot to consider the specific points heed to say if there was anything you want to touch upon. Questions after but use your time as you wish. Thank you. Good evening kate hartley Deputy Director of the Mayors Office of housing and Community Development we are a lender to this i wanted to give you give you a little bit of background consciousness as provide insufficient funding for maintenance and operation of the Housing Authority for decades a 26 deferred backlog in San Francisco the needs for 700 million in deferred maintenance repairs hard costs alone three hundred 50 ellis is the needs for repair work there is no sprinklers in this building that is a highrise 9 of units that is not a safe condition were pursuing this with in conjunction with hud and the Housing Authority to protect the citys most vulnerable residents Public Housing residents this is a great mayoral priority there is even sufficient funding for proper Property Management for a long time and the reconfiguration will allow for a new era of Property Management and the provision of services the rooms provided the new spaces will allow much Greater Service deliver and better outreach to very vulnerable tenants and finally more importantly i want to let you know that hud has required that the financing of all of the poupg Public Housing work were doing in this phase that includes sorry 14 buildings must be interconnected because of the you curious so a delay on one project stalled the transaction for every single building in the city weve lined up investors and hud the Housing Authority and every city agency to allow this work to go forward it is so important so we urge to you to deny the appeal thank you. Thank you. You still have 20 seconds. I have a couple of questions. Me, too. First question will be so there is dedicated space for the four for the temporary displacement of the tenants in the building i believe i heard someone is that someone want to address the mike please theyll be displaced the question how long displaced and question two is that in the building. Right they did period of displacement 4 to 6 months per phase im sorry president repeat. The second question is there specific space in the building for the relocation of the tenants displaced. So as part of the rad Program Point Housing Authority has been doing no recent vacancies so by the time we purchased the property there will be adequate or one short but touch on that more the way things are mounting up to relocate people in and around the building and assistant movers and help them with the stuff and provide temporary cover their cable bills whatever to keep them comfortable during the stressful moving to temporary units in the building and secondary back to the units by the time it will be refurnished and have the phase. My last question to clarify that that means you have 20 something vacancies in that building. Yeah. Youre working on two floors at that time. Yeah. Yeah. For that neighborhood. I look at my projection on the desk the Housing Authority has been leaving those units vacant were zero to one offsite relocations required for. Thats my third question of the way said in the appellants brief that is hard to understand parking was the first one that was submitted he has it written which do not stay in line and whom want to have this apartment is an inheritance please dont permitted the upgrades without rad returning the tenants and stop those people. Yeah. Yeah, but by all means welcome the boards to ask for clarity i believe hes referring to something ill introduce and ask if you can talk about more but something called an ad Family Member process and someone from mohcd is going to speak about that so ill give this back to kate hartley. Kate hartley first of all, this is this will remain assisted housing there is no inheritance if someone vacate the units the next person from the Housing Authority waiting list it is eligible and there is a policy called add family in Public Housing across the city there are many People Living in unit technically not on the lease and again, the reason that happens the Housing Authority has not received sufficient funding to provide the project manager with the households living in the units are fully identified and people properly put on lease so because we know that people live in the units without being on the leased we and is Housing Authority have pursued add family to bring everyone forward and everyone that can be at to the lease has to be eligible and have some familiar connection to the person that is living in the unit legally on the lease and their other eligibility requirements mark farrell a means of right sizings the building so we know who is living there, who is eligible to live there in youre not eligible you cant live there this is a senior and disabled building thats the way it will stay permanently. This is the first rad project that came brownbag me in for us years i think so the city and county didnt have go separate classes of citizens again breakdown so the appellant can have it explained to him. Thank you. Okay. I have a question. Mr. Falk why not if youll step up direct the traffic first of all, id like to im from my days on refreshed my memory ill familiar with tndc you do great work and support the city in a tremendous fashion one of the things i really like hearing and one of the problems we had with a lot of the projects in the redevelopment was the relocation issue when you relocate anyone especially seniors and people with disabilities to another building as chaotic and significantly undermining inform their lives and the philosophy and mandatory a lot of people are saying the same building is really great to hear i understand the age of building, i understand certainly the laundry list of things that feed to be done from sprinklers to the simple renovation of kitchens and equipment and stuff like that so im good all the way down to the lobby all right. But when i what i dont understand someone explain to me this building is sustaining its character it is sustaining the same tenants and the same tenant type and on floors two and upwards why the radical shift in the lobby thats seems is to be the appellants big deal i heard parking i understand he didnt want to give up his car this is a whole other discussion when i look at the plans for the lobby why is it same building going through a massive configuration with electrical roofs being moved and what means of access and also the give up of the lobby Community Area which is so incredibly important to people that dont get out unless can you explain why the radical change. Id like to offer to part answer ill speak generally and one to clarify were expanding the Community Area so the bigger lobby has to do with with more Community Space for the tenants in general tndc thinks long and hard about the common space because peoples units are small it is important and think about the space that our staff needs not for their wellbeing but their ability to do their jobs well, we need services, offices that are separated and placed carefully with respect to the Property Management Office People that are assessing services dont want management to know that is an example of a really important kind of thing how we think about reconfiguring were reconfiguring again generically look at the desk the front desk to mock for more secure inventory we know well not renovate for another thirty years this is our opportunity and ill say ms. Hartley didnt say within of the big issues not enough money to do everything we want to see so almost like if moh is willing to take their scarce resources and allow us to reconfigure the empowering there is a big bar and ask the architect to speak a little bit to this. Ill start with picking up what don said that is starting with providing services to both the tenants, services in terms of social services and services for the building in terms of being able to take care of the building upkeep no maintenance space no spaces for storing of materials and supplies working on things to fix things so while were creating space that will be private spaces for social services were also creating spaces for business offices to manage as we said earlier, one small office on the ground floor and thirdly, creating maintenance space not as much maintenance space ace appropriated provided in a building this is the first thing were adding 70 percent of Square Footage to provide those areas on top of the existing ground floor didnt have not meet ada mobility requirements and the entrance that was shorter than earlier from the street into the front door is two steep actually to meet current mobility this is why the zigzag that was approved by the Mayors Office on disability the Building Space this is a to accommodate the mobility and movement then the discussion of the Community Room it is approximately 3 thousand square feet providing a smaller Community Room have to take other spaces for services. Im sorry to interrupt. How large will the Community Room be 3 thousand to what. 7 thousand the communities room didnt have Code Enforcement egress for a room of that size and single occupancy the new communities room will be oriented towards the rear yard from an asphalt parking lot. Sorry to interrupts it says the Community Room at 593 am i looking at the wrong plans. Maybe 6 hundred i was off 5 hundred square feet but basically, it is that but basically the current Community Room is so large it presents a fire hazard in terms of amount of people that can congregate there but, in fact, the room is so open and exposed to the lobby and the front it is not used by many people only an open space to create a room with multiple functions a smaller room near the front be for smaller gathering for watching tv and things like that and finally were creating outdoor space that will be something that people want to use because well have basically plants and lighting and assessable currently that is prirments an asphalt parking lot that space will be off the Community Room our ideas the Community Room has an indoor and outdoor. I hear from the appellant what i heard and i dont know if i understood him correctly to say his concerns of parking will go away if there are a more ability to have a Community Space than now i see his reaction as a resident from 3 thousand to 5 hundred and 93 square feet which is gigantic and is there a compromise opportunities here where more space im not advocating for 3 thousand or to one thousand but is there a fashion have you worked with the residents to find a compromise progression position that will give them a large space than 5 hundred plus to 3 thousand square feet. Weve heard from a variety of residents and heard about a variety of needs in terms of of the types of uses in the room and i would like to say that thats why we have a smaller room towards the front ill cancer that part of room and the lobby area to be a place to have furniture and accommodate seniors sitting and waiting for rides and having connectionith other people in the building as they come to get their mail or out of the slates i consider that common space we talk about the Community Room basically a main room roughly 6 hundred square feet, we have basically a kind of communities room at the front that is more for 5 people to congratulate and watch tv and things like that and a generous lobby that has seating mailboxs and designed to create community through the interaction of people through it weve taken a large 3 thousand square feet undesignated area and broken down both scales of space responding for instance, one of the requests creating a space good for exercise and ti which he and yoga but they can use the outdoor space and created for outdoor space in our way of looking at things the Community Room it is a room that is landscaped if you look at 6 hundred square feet and 3 thousand it is a dramatic change but if we went back and looked at it it were not losing the Community Area weve dmaevend it for different kinds of use. Any other commissioner questions. I see all. Mechanical and garbage was that on the floor or relocation those. The garbage and mechanical and electrical are staying there an electrical closet in the center of the open lobby we relocated that again to open up that area both for viability and circulation. Youre indicating lobby lounge and m. Management that located to create the ability for them to viably monitor the lobby. Okay. Thank you. Thank you. Anything further from the departments no okay commissioners, the matter is submitted. Im sorry sir, you cant speak from the galaxy thank you. Anyone wish to start. Why not i think in my preference to asking questions to mr. Falk i expressed my feeling tars the need of this building and theyre no new phase two to managing the buildings for people in need in the city the thing and also im sympathetic to ms. Hartley understanding that one domino out of place can screw up the box of dominos and so in simply and the strategy of relocating within the building is a great one trust me from years of hearing similar situations where people didnt have that and frustrations im listening to the appellants as well and not about the parking. But rather the sense of community and that downstairs area im wondering if under recent a further compromise compromise it takes time and i hear ms. Hart less voice in my area im torn i dont have a position but thought ill express myself between the commissioners. I understand the huge difficulties in renovating units especially, when people are occupying them and the difficulty for people to have change i believe having been to several the buildings and having been involved with the corporation i seen the infrastructure and amazed at the communities with the amount of organization theyre able to accomplish so personally i would deny the appeal and approve as is myself. On the basis . Are you making a motion. Commissioner fung it was prove or disprove issued. Yeah. A motion to deny the appeal and uphold the permitted was properly issued. Commissioner fung commissioner lazarus commissioner wilson commissioner swig. Poke that that motion carries with a vote of 5 to zero. Well move on to item 6 which is appeal number versus the department of building inspection with the Planning Department approval. Property. Im sorry sir, you had your moment please. Something else is here to speak please give them the courtesy to do so. On daily wood way for the alteration permitted to provide deck at rear and remodels family room with windows and new sliding glass doors if youll wait one moment youll have 7 minutes to present your case. You can begin thank you. Were here to first of all, good afternoon. Im a bit shaken by the previous hearing were here to talk why we are object to construction of this small deck as the property on 265 dell wood way located at the mountain and why do we object we i asking for compliance with this protection act which became part of 2010 San Francisco Building Code but before that i would like to introduce our family were a family of engineers my huhuhs boris is Telecommunications Engineering im mechanical we came here 40 years ago to the United States as refugees from the former soviet union and one week about the loma prieta earthquake we moved to arco at the top of the mountain and the housing we survived it of survived it and gave us an illustration well survive for future problems well, that allusion was shared by the 1987 events at the edge Wood Mountain what happened there because of construction. Overhead please. Yes. Because of construction at the bottom of the hill the residents at the top of the hill had to be demolished and portion the hill slides down and the city had to do immediate work that exceeded 2 million another event outdoor last december another beautiful property on our streets next door on another block had to be demolished due earth movements thats why we received a notification our neighbors downhill planned to do construction at the actually of the hill it leaves us concerned i did some research what we found out following the disaster at the edge of the mountain the city did corrective work actually a lot of work maps were developed to identify earthquake hazard zones and mudslide hazard zones those maps were located predominantly at the second story 6 and 60 Mission Street the slow protection aqueous developed in addition to that s o 5 was explained to the general public what others conditions will develop a submittal of the Technical Report why not enough to be located in the hazard zone and we are sorry we are located right there at the now davidson in the hazard zone but it is not enough you need to the work that you plan to do has to trigger several conditions so we looked at the and we were concerned we reached out to neighbors that planned to do the remodeling and met with them and suggested they contact the technical consultants to develop this before that that was our suggestion and hired great expense paid 5 thousand dollars and at last i found out in my mailbox this report and unfortunately, the recorded showed me that unfortunately, this consultant was not aware of San Francisco Building Code was not aware of the slope protection act made several omissions so absolutely no protection with developer to prevent to mitigate this potential disaster and slide to prevent the to protect the city the code is the code it establishes minimum requirements not maximum minimum requirements the condition is when the construction taken place to follow conditions of the slope protection act is to undergo additional review for structural district and slope stability this is all and well in our opinion all were asking comply with the code because otherwise the city is exposed and accepts responsibility and potential liability for any events related to this construction. Thats all i have to say. Maam, did you ever talk to the city. Excuse me did you talk to the city the department of building inspection. No. Because theyre the ones that check for slope stabilization requirements. Is that my position to approach the city . No, im saying ill ask. No, i never did no only to our neighbors. Thank you. Well hear from the permit holder now. Hi names a chris this is my partner billing oconnor and good evening Board Members and also dbi. Overhead please. Im sorry. Youre going to use the overhead. Sorry. We requested it for you. So it is very much our goal to resolve this tonight we were excited to get the permitted approved and followed all the Due Diligence with an architect we have a Structural Engineer work and reached out once we found about the appeal we contacted them and walk through thats when we learned about the slope protection act youre not in compliance with that we can move forward with the appeal youll deny it we feel Due Diligence was handled that with that said, we really want to make this work we want them to feel secure we dont want their houses to come down on us we saw the examples she brought in examples from all over the city we want to focus on what were doing with our specific project we hired in the hopes of resolving this we hired a listened geotechnical Structural Engineer well understands San Francisco and done numerous projects and understands his assessment he said im more concerned about digging out a huge tree stumble as opposed to the work ill have bill walk through the scope of work were proposing to do thanks. Good evening from the picture wed actually had the first set of plans approved and that comprehend of a seismic upgrade if you look at the backside of our house this is a room that has been attached to the house after the house was moved up from potrero and supported by the two wood wooden beam with to terse on this concrete pier here and. Address the mike. In addition to this retaining wall back here theres a flat area behind here that is mainly backfill from the original construction and about 4 feet out the hill kind of takes an up slope so part of the money point of contention appears to be digging in this area what were trying to do is and under the recommendations of our architect and engineers do a seismic upgrade with the footing behind the retaining wall and connects the back of the building and provide she or he for lateral strength on the back wall that digging is much more extensive than the small amount of digging for the deck weve tried to change our plans the original plans called for a small footing to be dug into the hillside and then the deck joints attached to the house and run directly to the hill 8 feet were talking about one and 20 square feet of deck i did not like that plan when i talked with the architect we were already in the process of changing it what weve done instead we would like to change the plan the desk is out well put in tiers closer to the backfill no digging ever disturbance of the hill or removal of any vegetation and pretty much mitigate hopefully mitigate any kind of problems that the deck that could potentially cause per again another picture of the home. Mainly as you can see that the hill is fairly extensive there is a lot of trees and things on the hillside we have a small garden which we maintain here and plants plants on most of the garden is rock the rock out bobing the sloping part and then this bottom flat part of dirt area other than that weve tried to change the plans and some reasonable way hoping to accommodate the appellants so we can precede with the construction. So, so bottom line were your request you deny the appeal and in the hopes we can resolve this tonight we really want to accommodate our neighbors concerns in that you know theyre worried about this slope protection act and so we did go ahead and got this licensed report at great cost and this person really understands San Franciscos geology and their concerns his only concerns were youre putting in those two footings for the seismic upgrade to make sure to be safe the only time youre at risk youre doing the drilling do them staggered were more than happy to do that and the second thing our original permitted was approved for the 20 footed footing we thought you know what well go for 3 tiers we really, really love to resolve this weve really gone to meet your neighbors more than halfway didnt have to get the report but want people problem happy and safety weve lived in the house since 2002 a 13yearold son and building in safety and want to follow the rules we feel weve done our Due Diligence and want to be able to thank you. Well hear from the department now. Good evening again commissioner Honda Corey Teague from Planning Department staff just a quick point i had to sign off the emergency permitted for to see this so i understand the concern in this area very real issue having said that, this is a permitted that is very minor in nature it was reviewed by Planning Department staff overthecounter and approved think february 19th of this year it was approved because it is fully planning code compliant and no neighborhood notifications that is adding more open space there is slope to the side to be used for open space and additionally the appellants are focused on Building Code issues having said that, im available to answer any questions. Thank you inspector duffy. Commissioners joe duffy dbi the project at 265 the description to provide the deck at the rear yards and monitor the windows and sliding glass doors and remodel the kitchen the primary was approved by planning our building review was done by one of the engineers and it was approved any mechanical plan check as well id like to thank the appellant for giving us history of the San Francisco planning code and particularly the slope protection act on the different measures but what we have in the code for areas that fall under the landed slides or areas stuff like that and a lot of that become because of previous incidents when i read the brief yesterday, i immediately contacted the dbi engineer and mr. You was very helpful and given me a couple of responses id like to show you those first of all, if i could have the overhead please so this is a typical screen shot of permanent tracking system dbi and you put in the block the address over here ive cycled it a little box that says restriction. Sorry. Make that beggar. Oh, im sorry. Thank you. When you go into the restriction you click on that it brings up the block allowed again, the addresses im sorry get this bigger fortunately it says Landslide Program if youre a member of the public that is something you need to be aware of in the Building Code then in section one 06 a if i could have the overhead again so this is the section the slope protection act so it there are several paragraphs ive highlighted the ones relevant the heightened review shall be given to the subject property act the next paragraph we have a list of types of projects that fall under that theres a construction of a new building or structures having over one thousand square feet of protected roof area and horizon or vertical over one thousand square feet of new projected roof area and in addition those requirements shall apply in the opinion of the director the proposed work may have a subsequent impact from the stability of any property and goes on to give you those different it types of projects shoring and the retaining wall including the exploration of over 5 it cubic yards and others Construction Activity according to mr. You go the project didnt fall into any thoughts categories he was aware of that it was in the lands slides could fall under the slope protection act but this scope of work didnt meet that criteria in his opinion overhead again, please. So after i spoke to you it was helpful in getting an email one of the in answer to the question one in the brief the proposed deck at the rear of the house on dale wood prevents construction of the high hazard possibly potential hits response half of the city located in the landslides and construction effecting the soil is a Continuance Foundation for the deck at the bottom of the hill relatively low according to the top of hill were appealing the deck on the noninclines protection act not near the cycle area that requires the monitoring under the slope protection act and the subject to the soil protection are instructors over one thousand square feet or the projected roof area or horizon vertical additions and over one thousand square feet of the roof area the scope of the work on this does not please let me know if you have any questions im saying we know there are concerns dbi reviewed this project properly did look at the slope issue and comfortable with the review and saying that as well we have no doubt a revised design that would have less impact im not sure this is thats the way they want to do it could be incorporated into that by the board of appeals into tonight so im available to answer any questions. Mr. Duffy mr. You is a pe in civil and structural. I dont know the answer he works ass at the dbi plan check. Source of mechanical. Sorry he would look at the structural details on plans and any structural designs a lot bigger than this as well. Thank you inspector duffy. Okay any Public Comment on this item . Mr. Chairman and members im coming down the pike o colin and mooirlgs live next door to theirs one 36 immediately adjacent the backs of our Property Properties share the same slope going down into the property in question im here primarily to voice our concerns as pertains as taxpayers but this is the most important asset we have and we share not only the concern of the appellants but also the risk of the slope and so the case is gone considerably more complicated than i aeptdz and sounds like that needs a lawyer to explain this this is not my fields at all but want to add our concern as pertains and as neighbors of the appellants thank you. Any other Public Comment please step forward. Hello, my name is silvia johnson. And for the property the city was putting back and the commissioners motions you know other Building Codes detail and for the safety protections that they put in for a say in that the error to the public thankful for a confirmation they put on this when all ive asked for this to be you know rebuilt all over the place confirmation you know on City Projects because this lands slide and everything that said about Mother Nature not really done this is done by act of the agency and viciousness theyre trying to protect and reveal and they dont know undermine im already been in a lot of the incidents with the control vision and thats visual vicious im trying to make sure that is this is the way i do with my housing with the pagd with the land workable who really owns the property and have been told about these where im supposed to go to get the claim done and have it written down ive not be able to do anything so busy trying to find the Veterans Administration and because when i was trying to get this Veterans Administrations those those Court Hearings done it seems some kind of condition to my head on that issue then you know really you know marking the lands that was supposedly built in this here providing was i know the assets it was in on that side issue to be marked open on this thing. Thank you. Any other Public Comment. Seeing none, well have rebuttal starting with the appellant. Well, it was interesting to listen to the opinion mr. You hes not familiar with the information sheet as his wife that classified and explained Technical Report requirements he quoted code but this information report requirement was issued in 2017 clarified when this report should be prepared at least nobody is debating the area is potential slide area; correct . I hope not now this report has been conversations of 4 pages it was issued may 20th 2015 signed by tom h u i director the department of building inspection and it is explains one of the conditions on paragraph four slope steeper to one vertical if you look at the report prepared by paid by you are neighbors in great course this slope actually not one to one not two horizon to one vertical or one herlg to horizon a steep slope and other requirements that also triggered this Technical Reports now we insist that the report should be preempted by qualified technical engineer and this the code the slope protection app to be enforced in daily detail with structural review and further reviewed by the department of building inspection but no mechanical engineer but by qualified person. Because you know what our homes are at stake. All all were asking is that the code the city of San Francisco code to be properly enforced by qualified personnel. Thank you. Okay rebuttal from the permit holders. Can i have the overhead. I wanted to add a couple of things not bring in any heavy equipment back only just the normally some kind of thing to dig the posts or manual labor to dig the footings as far as im concerned, of the actual meeting the requirement with the manual report had the report done anyway from mire reading of the report the geotechnical engineer said he feels our project is feasible my interpretation of that is we can do it it wont pose a significant hazard to people up slope. Yeah, and i mean from what we heard from mr. Duffy is sounds like i mean, he is a qualified person at his discretionary to trigger the protection this is not one of the cases we did go ahead and get the report this is a licensed geotechnical structure engineer we complied we thought get a sense of belonging what is inside of the groin that is it were good the last thing i really, really want to resolve this tonight if this appeal is denied my concern i want to make sure we actually want to revise this we dont want to do this 20 foot wall for the deck that was a little bit invalve we want to have the 3 drills again, were okay with i want this to be played in the permitted my concern if we do issue a new permitted that will trigger another appeal and i would very much like to avoid that i dont know that make sense id like to put the matter to rest one way or another if possible. You you know your drawing think is drilled pier didnt show a depth. We included thats in the report overhead please. Im fine. The original depth specified by the engineer was what. The Structural Engineer that drew up the plans was one foot the geotechnical engineer an assessment basically analyzed and made some calculations think lateral movements based on how many i how much he feels the earthquake will move the deck letter of the law and dig it deeper a choice of one foot are 5 feet dynamic i asked him to do 18 inches instead at 3 feet thats his suggestion as far as digging into the rock the footing didnt seem to have that requirement it is only a foot deep. I think so youre asking should we concur with you to accept and modify the permitted based on there drawing it didnt have a depth. Were fine with having i mean we thought since the dbi was here they could amends this were fine whatever it takes to make this happen so we thought you can revise this and move forward with it. For a drawing. laughter . Were fine with putting in 3 feet or 5 feet 18 inch hole. At 3 feet. We understand what you want. We dont know the process you not having to see us again. Anything further from the departments inspector duffy. Commissioners joe duffy dbi just on the last point i wont be qualified to say what the footing needs to be done by an engineer not sure how to handle that. The engineer had already recommended 3 feet deep if so it 18 inches but didnt show on the drawings. I saw that thanks for bringing that up i noticed on the brief. Just the scope codify work not falling under the slope protection act mr. You is a qualified engineer the project will be inspected by dbi the inspector for the appropriate depth and evacuation that needed to be done. What about the the document she read the may 20th, 2015 5u i didnt see that in the brief. Im sorry please dont speak from it the geotechnical drawings the people that have voluntarily done one but mr. You said that didnt require a geoTechnical Report for the scope of the work i remember that getting created that document and not that familiar with that as familiar theres a lot of information sheets with dbi but i dont think that i think sorry. So i think the argument is that the 2015 document gets for specificity and if we look at dbi didnt look at more specific document it raise questions in my mind whether or not it does fall under the particular regulations. It would only fall under the requirement for a geotech report we have a geotech report