Transcripts For SFGTV Board Of Appeals 82615 20150829

Cases before this board. Sanchez is going to be representing the Planning Department and Planning Commission pr and well also be joined by joe duffy who will be representing the department of 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. Please note any of the members may speak without taking please stand now 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. Thank you commissioner president lazarus and commissioners one housekeeping item we just received a withdrawal of item 6 appeal number 1014 dealing with an alteration permit that matter will not be heard moving to general Public Comment is there anyone that wishes to speak on a matter within the boards jurisdiction not on tonights calendar seeing none, item 2 is commissioner questions or comments and commissioners. Id like to wish our missing commissioner happy birthday today. Okay. Anyone else. Thank you. Is there any any Public Comment on that item . Seeing none, well move to item 3 the boards consideration of the minutes important the august 12, 2015. Additions, deletions, or changes dleekz to the minutes if not may i have a motion to approve. So moved. Thank you. We have a motion from commissioner Vice President honda any Public Comment on the minutes okay. Seeing none commissioner fung commissioner president lazarus arrest commissioner wilson thank you and commissioner swig is a absent so that that motion carries 4 to zero item 4 a jurisdiction request for santa fe avenue we have the requester taking the jurisdiction over the permit application issued 0 on may 22nd the appeal period ends and the jurisdiction request was filed on august 10, 2015, the permit holder to remove two residential Living Spaces for storefront at the ground floor and rove a stove from the first floor and the basement level the street floor level to be returned to commercial use with the application well start with the requester please step forward. You have 3 minutes to present our case to the board. Thank you. Well as i stated in my letter my landlord never contacted me to let me know he was seek a permit for demolition if i had known i would have begun done a. Could you speak directly into the mike. Sure i received no notice from the Planning Department had this is a requirement for the code the Apartment Building is registered as africa rh2 two Family Residential two addresses 6865 and 3 built in 1908 and under rent control my landlord previously. Im sorry to interrupt you it came back came to my attention is there someone representing the landlord okay commissioner fung thank you for brooishg it is if you could stop the clock he might not intend to be here would you want to continue . Why dont you finish. Okay my landlord has previously requested a permit to diminish demolish it and turn it into a storefront none of the other units many my building are effected i believe the permit should not be granted because the entire building is registered as residential not commercial so is cannot be illegal turned into a storefront built in 1908 and it is a rent controlled building if any landlord forces me to move out of my apartment this would a illegal move to make it a storefront it is registered as a reciprocal and would constitute an illegal eviction. How long have you lived there. 3 years. 3 years. As it you. I have one roommate. Thank you. Mr. White horn the permit holder brief indicated he was going to pull excuse me. He was going to do have this permit. Cant move. And reissue it so you can appeal the full permit instead of asking for jurisdiction. He did say that he sent that letter as i said he got the proof of the permit on may 22nd i founded on june 17th it was about two weeks after he sent the letter i was pretty much behind the game i didnt know i had no choose to file regardless. Okay. A good clarification on the building so mr. White horn thank you you can sit down anyone on behalf of the permit holder well like to hear from inspector duffy. Yeah. Mr. Sanchez as well. Connect correct. Scott sanchez Planning Department the property is located within a rh2 Zoning District the permitted to remove a between didnt trigger a be neighborhood discretionary review authorization and possible removing it the jurisdiction requester raised concerns about the unit may convert to the permit indicates some of the print shops and on the two dwelling units and given the fact within an Residential District would be concerned because any there could have been a commercial use permitted and it would have continued on providing concern conditions but to restore it the location will not be permitted under the code well have concerns and were not opposed to the board taking jurisdiction to investigate this further and the permit holder intend to withdraw the permit that would be probably better thank you. So one question two illegal units he wants to remove one. The permit shows that it says the existing legal use is two dwelling units and the print shop and the two units it is removing two illegal units on the at the unit 665 first floor commercial so we have concerns what that goes to and the concerns to return to commercial space per photo and planning land use approval i think we need more information it is possible that maybe permitted but if it is more than 3 years then the nonrestricted performing band has not enough information at this point to say the permit was properly issued. Mr. Duffy. Good evening, commissioners joe duffy from dbi i kind of agree with mr. Sanchez in that i havent seen any drawings or the plans not sure what theyre talking about on the ground floor but theyre indicating someone is indicating two residential units 665 storefront and basement and then the basement per 817 is an administrative code we use for commercial occupancies theyre not saying final until the appellant has filled the basement it is unfortunate that the permit holder is not here to answer questions probably looking at the plans would be beneficial and im sure if it came with a visit to the property we may have to do as well just to clear up what it is. You know what the status of the permit is at this moment. The permit is issued i did not check the history but if the applicant wishes to cancel it with dbi no problem and get a refund it takes a couple of weeks for this to happen weve not received that not that im aware of. Thank you. Any questions okay any Public Comment on that item . Okay. Seeing none commissioners the matter is submitted. I have a question i think so their concerns about the permit this is a jurisdiction request i dont know if it meets that standard or not in terms of notice to the occupant obviously i dont want this mr. Sanchez if you have an answer. Thank you Scott Sanchez Planning Department i think so our concern how to applies to the sidewalks before you separately the jurisdiction requester has raised concerns about the permits well investigate in this matter but certainly on first review there could be a permit if we find a flaw they could cancel the permit and require the corrective action. The question becomes was the city caused the applicant the appellant to not get proper notice i dont know if this is the case. Well, if the permit allows something i mean it is unclear pa what is available now it may offer something if at all possible requires a conditional use authorization and whether or not a notice was done more fatality flaws. If it is band for 3 years. Exactly to restore a limited commercial use if band for 3 years with a conditional use authorization to reactivate the use thats the concern we are supportive of the jurisdiction request to allow time but separately if it is denied well investigate the matter. I dont know if this is a question for you or mr. Duffy are you able to suspend the permits. Weve done it before. Well perhaps without having enough information we could continue and the development of any information that either planning or building needs planning, of course, can act on its own with respect to this permit holder. Mr. Duffy would like to sorry commissioners just wanted to add in the cancelation of the permit is probably option because suspending the permit creates appeals on the suspension and if the permit holder wants to cancel the permit maybe it maybe indicated to the office that was what they wanted to do i can accommodate that we havent done inspectors so if the permit holder wants to take that permit away and not do that this was the best solution. The problem hes not here we dont have any assurance that is what he wants to do. So shall we continue it. If we continue this is a jurisdiction request that means we could. Do you mind commissioners, if i ask the appellant a question. No. Could the appellant come back to the podium please. Mr. White horn. Two questions, mr. White horn one in the permit to remove two illegal units is there another tenant that be affected or is that space vacant that stays space is vacant that was the x landlord son. Is there any work that was started. None whatsoever. Can i add one more thing. No actually. Okay. Whats the best course of action. Im going to ask to continue it or to allow for the jurisdiction request. I probably am leaning towards continuing. Okay. Make a motion commissioner fung. Move to continue this madam director. Do you want to continue it particular to allow the departments to do investigation or thinking the permit holders will come forward with more information. Ill expect both to occur. Okay. What do you think october 7th . That is actually a very full calendar with. November 14th. Yes. Move to continue this case until november 14th. Okay so theres a motion by commissioner fung to continue the request to october 2015 to allow time for a dbi and Planning Department to investigate the status of permit further and to ask the permit holder to provide more information on his intentions is that the goal. Yeah. On that motion commissioner president lazarus arrest commissioner Vice President honda commissioner wilson arrest commissioner swig is absent that that motion carries 4 to zero mr. White horn if you have any questions get in touch with us. Next is appeal number 5 versus the department of building inspection with the building approval on pen people avenue protesting the issuance on june 15th to add a permit to erect a building for a 5 story with 14 hundred square feet of a i need to make a disdisclosure i have an existing relationship with reuben, junius rose and ive retained it as council and reuben, junius rose representation is appearing before the board will not have any effect on my decision today. Well hear from the appellant now you have 7 minutes. Good afternoon i need guidance im the appellant i understand we need 4 out of 5 votes and Going Forward id like a 5 Board Members to hear my case which do we have a fifth member here. Theres never a guarantee to have 5 on a given evening so if i were you id precede. Im sorry, i cant hear you. Theres envelope a guarantee on a given evening to have all 5 members here we encourage you to state the merits of your case. Id like to address 5 Board Members and whatever there is 4 out of 5 you know id like. The standard procedure is that should be the discussion among the Board Members need where the additional vote would effect the outcome well continue it otherwise well precede it here. Did you understand his point. So mr. Gonzales the point is if the boards missing member the vote of the missing member makes a difference in the procedures little board will continue the merit matter and theyll review the video what another procedures to participate in the final vote but they would like you to proceed. Ill precede anyway . Yes good afternoon im Robert Gonzales mooens live on pennsylvania avenue 25 feet from this project one block away ive first time learned of this project in april 2014 and filed the application on may 2nd the developer makes allegations i want to respond to briefly on page 1 paragraph two he says i misunderstood section 311 and the discretionary review authorization process and quote projects that may qualify for a variance for certain planning code requirement as in the case with the projection garage door are code compliant for the section 311 unquote he provides no authority for much exception, however, the Planning Department says the planned are not complete with the code compliance and put the project on hold and told the developer if we wants double doors seek and get a variance on page 2 the last a pagers and similar soundproducing Electronic Devices are prohibited at this meeting. Participate the develop quote the only changes those requested by the appellant and underscores requested by the appellant ive not asked forces changes on the contrary it is clear quote the project should, scaled down in keeping with the neighborhood characterization it would be of interest to know what the developers makes no notice of the planning requirement which ordered all the changes 33 he retired to in the developers brief i requested no changes whatsoever as i said in my brief all Residential Construction in San Francisco must be in compliance with the planning code at the time of the 36 notice on april 2nd the proposed project was not complete or considered code flient on april 2nd the Planning Department was without planning Code Authority to send out the notice but did so in a direct violation of the planning code and making the notice void the Planning Department can use its discretionary powers this is discretionary review authorization is premised on the existing existence of a quoted flient project that didnt exist with that on august 7th or october 9th or any other time during the process on october 9th the department did not have any power over the noncompliant project on august 11th the department sent the project sponsor a notice and plaza played a hold on the project the department ordered the application revised within thirty days and if not the Planning Department threatened to cancel the application as for the 311 notice on april 2nd the Planning Department was out planning Code Authority to order any revisions new plans were filed open november 25th i was provided hard copies on october 9th the notice for discretionary review of the april 2nd plans was called before the commission i argued again, the project without notation the Department Took discretionary review and ordered it without conditions and ordered the permit some weeks after october 9th the department had a dr ruling and paragraph 5 it states quote with the proposed notifications the garage entry would be code compliant and allow for permitted landscaping isnt setback the commission admits the project didnt comply with the planning code and so if never compiled with the planning code the commission if have the authority to use discretionary review on october 9th there is a difference between the plans of september 25th the april 2nd plans never met the standards of planning code the september 25th plan has 20 pages of new plan and i represented as meeting the standards of planning code how have those new plans are not a notice to the neighbors the new plans are not in compliance with the code theres a privacy violation it is violated by the revised fourth floor deck that has a direct view into my master bedroom from 25 feet away in conclusion id like to say that board of appeals should confirm the Planning Department never had the authority to exercise any time and the project plans were not because the project plans were no according to to board of appeals should deny the application of june 12, 2012, 2013 i is you to do that may i have another minute. You have rebuttal also, sir. Thank you. Thank you. Well hear from the permit holder now. Good evening members of the board tom of reuben, junius rose here on behalf of the appellant also with me the project sponsor larry and our architect jeff were available for any questions you may have i just like to make a couple of points in the materials we submitted to the board first, this section 311 and the discretionary review process were both proper under the planning code and were consistent that standard Planning Department procure no new section 311 notice was required typically in the building envelope is expanded in any way a new notice is required thats innovates the case here it is proper for the Residential Design Team to review the frontage project for design issues that is what happened the rdt considers the issues of its own and issues race by the discretionary review request which in this case it did. Variance are available to project sponsor those are considered after a section 36 a notice is issued in this case we considered seeking variance but instead decides to modify the project no variance were needed this section 311 process worked exactly as it should the appellant had ample opportunity to weigh in concerning the project he communicated significant amount with the project sponsor and Planning Department staff several the changes were you incorporated into the project the Planning Commission had a hearing on october 9th considered the project as a whole and considered this specific issue of the 311 notice i think we can agree theyre the authority on interpretations of the code and Planning Department process they considered this issue and decided the section 311 notice was proper the Zoning Administrator also determined that the notice was proper as the dr procedures im not the he can weigh in with that, ill conclude we urge the board deny the appeal and again, were available for any questions you may have and thank you for your time and consideration. We have a question you indicated you had incorporated some changes request do by the appellant i believe you said he never made in convicts requests. Among his requests were the initially double proposed garage door be a single this was incorporated he asked for more landscaping isnt front that was incorporated and he and the adjacent neighbor requested that the lightwell that was expand at their request the Planning Department asked for a 3 by 5 dimensions lightwell we actually provide close to 5 by 8 in that lightwell. How were those requests made in hearings or writing. After the 36 notice was issued the appellant submitted its discretionary review request and in that request he enumerated his concerns with the project we then respond to those and the rdt evaluated those as well. Okay. Thank you. Mr. Sanchez. Thank you Scott Sanchez Planning Department you dont know i dont think there is too much to add on this item because the notice was subject to the process through the 311 neighborhood notifications and the question of hearing and being appealed to a hearing on the Building Application the project is code compliant the appellant raise concerns of the 311 notification which they respond to by filing a discretionary review having a full hearing by the Planning Commission the Planning Commission dont care the discretionary review added minor tweaks and ultimate that was approved my understanding the appellant wants you to deny it essentially send it back through the process for a new 311 notification to the same project can presumably be approved by the Planning Commission in if a new discretionary review is filed by the appellant i think this matter has been properly vetted the 311 notice went out perhaps issued a bit premature and didnt have our review comments and made revisions and the changes would not have triggered a new notice in and of itself theres a process this as been appropriate and i believe the commission was within their right to have a discretionary review heather and not vetted to the Planning Commission under 311 as your discretionary is not delegated do you under the 368 for the tax code i think they properly had the matter before them and you have it properly before you and alu youre finding the project is code compliant and meets the guidelines with we respectfully request i uphold the discretionary review on this matter ill be happy to answer any questions. I have several questions. The by way of it is kind of difficult to go into our website and look at it profess hearing as of sfgov i dont know why this is neither here more there. The webbed was down today but difficult to look at sfgov video. From the website anyway in terms of i read the staffs dr analysis what do the commissioners say about the scale of this building and the inspection. I dont have quotes but report from the dr they ultimately took the discretionary review and they where i reside that the stairs near the Property Line be moved to the external and the windows have to be meet the requirements those are the two concerns of the intrusion into the rear with the stairs which were required to be made internal. Was interest any discretion and hearing this building a larger and taller than those surrounding it. I unfortunate was not at the hearing i cant repeat it other than they approved the project. Perhaps you can run through the changes that occurred the drawings that were provided shows the Double Garage door. Uhhuh. I believe three or four items changed the lightwell. The staff outlined that in their report as the that the project was revised for a 10 foot wide compliant door so i cant explain why the project sponsor provided plans that didnt show that. It also shows that the ground floor and basement occupied areas occur right after the double car garages so i presume there are changes there. Any other questions i can research for you. Are you finished commissioner. Why not you go ahead and are they at the max density for this particular project. Yes. They are. And the other question the rent representative for the approving or disapproving the revised plans from april to september are completely code compliant with no variance. Thats correct i believe the variance were filed at a point in time but not sure that is pursued. Commissioner. Why not hear the rest. Thank you. Thank you anything inspector duf duffy. Commissioners joe duffy guy i didnt hear any Building Code issues brought up i think the permit was reviewed properly by dbi through the proper channels where the Building Engineers planned checked im sure reviewed it thoroughly i dont have any questions. Any Public Comment on this item . Please step forward. Good evening president and Board Members im shawn i live across the street from the the proposed project and im also an architect ive practiced in San Francisco for roughly 27 years and when i first started practice a couple of notification process started with the interim controls in 1988 it was codified with the 311 process and the 36 process has a simple basis when the project is essentially presented to the public through the notification process that it has been reviewed by staff and that it meets the Design Planning code this is the public trust that this project and all projects need to meet the Design Standards of the code prior to 36 notification that way we dont have crisis when it comes to arguing whether or not a project meets the code or not im troubled with the almost casual nature that this issue has been treated with because it truly is a trust issue and if we dont have projects that meet the code when the notice goes out the 0 notices dont mean anything their invalid not worst the paper their sent out on and as architects we go through a lot of heartache to try to get the projects code compliant through the process one of the main things that happens with the planning process rdt the Residential Design Teams they typically with new construction review all projects prior to notification going out i mean rdt they review sometimes really minor issues and planners bring it to rdt this project never went to rdt by 311 and i come back to the 311 process it never really happened with this project because a code compliant project never legally went out to the neighbors and so the recommendation with this typically is renotification ive had to renotify on projects before if theres a dimensional error on the plans or a planner missed something and it wasnt right the notice goes out it gets renotified ive had to redo preapplications this one clearly has the mraif not limited to in the may 28 and august letter it if comply with the code. Your time is up any other Public Comment . My name is Stacey Morris my husband and i live on pennsylvania next to mr. Gonzales were kind of late to the game we didnt understand the process and procedure i received a card in the mail saying this appeal was on i wasnt aware of everything leading up to this point well on to the character of the building not fit into the neighborhood there are any buildings including ours this doesnt fit with the neighborhood it is the wrongs building for that space. Thank you any other Public Comment . Seeing none, mr. Gonzales you have 3 minutes of rebuttal madam president and members it is voigt section 311 is described as prematuring that is to say this project had violations with the planning code 311 says very clearly that if it violates the planning code has a violation and Double Garages no driveway imprint the landscaping was nonexonerate those are planning Code Violations right on the plan that says if it is a violation dont send out a 311 notice the department knew the project explicit comply with the planning code they have discussions about the double doors the department hold the developer you can only have one door the developer says i want two this conversation took place in september of 2014 and discuses it until april 2nd when it sent out a 311 notice those plans didnt comply that was a deliberate act to violate the law now i got this notice in the mail i didnt know i looked at the if i dont take action the department of city planning will approve this monster project 25 feet from my house youve got to see it it the the ugliest i found the things in my brief i hope you read it the Planning Commission didnt they didnt discuss at all the height and anything nothing was discussed in my brief theyve heard me and want me to accept the plan and issue the permit after they issued the permits theyve put on the conditions so you know 311 is the law of San Francisco and how you build and it says clearly that residential new construction must they didnt say may or perhaps premature shall comply with the planning code it is mandatory. Ive got 30 seconds either the law assess what it is or those guys did away with everything me deliberately and intentional put out that notice and they said if i dont do anything theyll approve that and in the project they go and they send out nos and tells us i didnt get a notice and you better provide those because it is met thank you. Mr. Sunny 3 minutes. Just a couple of comments concerned about the allegations that somehow the approving or disapproving and department deliberately deceived the neighborhood and the public somehow the public trust was violated this project was just from the section 311 notice to the discretionary review hearing reviewed for 6 months and there was 6 extensive input including the appellant about the project we talked about the residential design theyve promised it and as the Zoning Administrator state this project was excelling reviewed and the public trust was maintained thank you. Mr. Sanchez. Thank you Scott Sanchez Planning Department. Yes. To reiterate again, the plans as they went out to notice they were sent out and prematures the correct word to use obviously it was required as the department noted in the testimony that review was performed and changes made to the project they didnt themselves require a notification did not shift mass around and brought the project into compliance with the code requirements those are the plans that were reviewed by the Planning Commission i do notice what is listed as told them a were not the plans reviewed by the Police Station their plans that predate the Planning Commission that show the two doors you may want or maybe the project sponsor can clarify that the plans were ultimately approved by the department and the Planning Commission are not before you. I have a question. Go ahead. Those changes occurred following the Planning Commission hearing some of them. So there were changes after the 311 notification the discretionary review was filed and oats concerns raised staff worked with the project sponsor to address those and bring the project into experience compliance and then tomatoes to the heather and the Planning Commission had additional changes and it would be revised future before staff approved that but the plans that were reviewed by the Planning Commission i pulled it up on our website the materials and docket shows a single garage door. Refreshing my memory if someone applies for a variance than the 36 can go out it is as soon as you have the hearing in front of you. Well tests general not a requirement we encourage the permit and the 311 notice go out prior to having a hearing or decision on the variance so that the public can be informed but, yes i mean, theres no way to read the language of section 311 strictly to say only projects compliant can go out but some projects are needing a variance requirement certainly the department make an error yes this shouldnt have gone out to 311 but the issues raised during the 311 notice about the code compliance were addressed by staff and other issues recommended to the unbelievable the size of the building and the privacy concerns those are not strictly code compliance i think so about the privacy but this has been reviewed by the Residential Design Team and found it to be compliant. You somewhat answered my question how often does this occur. Not often this was a team a member of the department there was miscommunication at a time. I think so this project has been vetted but you have a problem with the timeline. I understand and this is not the way the project should be processed. After the 36 notification unusual you want the project their discussing to be before the boards reporter and then this doesnt seem like it is quite there. There were issues about the code compliant thats one of the reasons we have neighborhood notifications there it happens from time to time maybe new Information Available that the project may not be compliant but in this case you know certainly there was new information we respond and brought the project in compliance with the code those changes doesnt in and of itself trigger a new notice not the dimensions changing having to renose because of dynamics thats not the issue the primary issue were the garage doors and the landscaping at the front those with provided meeting the code requirement and that action didnt require notice. So the appellant had mentioned the four story master scoot loobtd into emphasis master suit was that on the original plans . And i dont know exactly which window your referring to and maybe i can talk with the permit holder. I have a quick question the fact there was a dr hearing on this project allows for additional Public Comment correct. An additional moral limited notice for the discretionary review hearing and the for the purposes of this hearing essential the same radius as a section 36 notice. Thank you. I have a question, sir. Im the architect on the project the appellant mentions design changes regarding the master suit on the fourth floor. Correct. Whats the difference between the original drawings. The original design had a fairly consistent straight wall along that privacy the Property Line and during the dr request mentioned that there was a sargent at the neighboring property we felt should be addressed in our project so we setback that wall thank you position of their setback and then creating the lightwell we added that. They removed most of the windows and in the final review because what happens w what happened we have a solid wall so we pieshd the 411 by 8 and it seemed silly to have the windows we put the windows in and substantially all the views are kind of towards doirnl do you want we moved the internal lay out so two slots were there used to be a full window shown. Okay. Thank you. Unless there are other questions the matter is submitted. I have a question for council. Does the premature notice make the notice as a matter of law. Well, ill think if the premature notice was such that it doesnt have information that would inform the notice of what the project would be in terms of that somebody didnt have enough information to know they should protest or raise a concern then it would be a problem if theres no denial of an opportunity because of the notice ill say thats not a problem. It is a matter of whether or not a person was denied due process whether or not that makes a difference. Thank you. Perhaps question, discuss it on an issue by issue basis as far as my thinking i dont see that as a due process i think the project has been properly vetted not perfectly vetted but properly vetted in terms of being able to present what the impact is of the proposed to the neighbors and the community at large the there are two other things that are principle issues to the appellant one is the question of how this building looks at and ive resisted getting into that both in terms of my career at planning and my career here it is difficult to apply our aesthetic likes and dislikes on every project that comes before us im not prepared to tackle that the last issue with the larger issue for the scale of this building and the inspection within which it sits in terms of the neighborhood there are no doubling doubt that believe is taller the question is whether it exceeds the level of difference between what is exist and therefore ill think compelled to do something this is close im not sure if this is compelling in terms of trying to modify the scale but close. I feel the process was a little bit out of order by the main concern really is that the neighbors were able to express their opinions and those opinions were taken by staff and the department i feel that i would approve this project. Night i for the benefit of the commissioners ill read it to it sort of helps section 311 purchase the purpose of this to stash permit building proclamations to determine the capability and for providing. Nosenose of Property Owners and residents and neighbors for the proposed project and to address the concerns that may be identified it doesnt change what i said it is sort of laidback. Proper notice. Im inclined to go in the direction youve stated commissioner Vice President honda. Commissioners. Ill make a motion to deny the appeal and uphold it was properly issues and code compliant. Thank you 0 a motion from the president s to deny the appeal and uphold the permit on the basis it was properly issued on that basis that motion. Commissioner fung. Commissioner Vice President honda commissioner wilson no okay. And the commissioner swig is absent so commissioners that motion carries with a vote of 3 to one thank you so number of has been withdrawn and will not be heard well move to item 7 appeal Valley Neighborhood Association association versus the Zoning Administrator on protesting the owners on july 8th a request to resend revocation asking the department of building inspection receive four Building Permits that after further investigation the Planning Department buildings those permits were properly issued under the planning code well start with the appellants and id like to ask twhoefr is standing when the room clears to take a seat we need to make sure those hallways are clear for fire thank you for that is the appellant representative here please step forward this is your time to speak. You have 7 minutes. I havent filed out the speaker cards. State your name. Good evening Board Members im lawrence the current wanting of the hayes Valley Neighborhood Association. Would you speak directly into the microphone and raise it up if you need to. Launder the current president of the hayes Valley Neighborhood Association and we thank the board for hearing our appeal the hayes Valley Neighborhood Association commend that ace is a formal Retail Company such formula retail establishments are prohibited in the hayes valley transmitted compld it fits the formulas use as a type of sales establishment and has 11 or more on the sales establishment or local land use or entitlements located within the worlds ace state in their declaration of june 1st have 7 operations for the hayes street april 8th this declaration was the basis to resend the previously revocation of the permits for the site, however, reach showed that kitten ace has entitlements in place for at least 7 other domestic locates and even more internationally in the period of april 2nd it through june 25th thats exhibit a those local entitlements include the certifies certificates of occupancy and the domestic locations within their jurisdictions indicate their intended use as retail as the locations of the land use were already approved by april 8th in previous locations of Retail Businesses i refer to our exhibit b and kitten aces marketing clearly show their intention to be a International Chain fitting the formula retail on the kitten and ace website on august 4th they stated theyll open 1 more locations within the 2014 calendar alone each quote openly soon in north america unquote mentioned the length to a map with the street address to the stores this public announcements showed that kitten and ace are in the process of securing those locations exhibit c more over on their websites kitten ace. Org they character is themselves as a formula retail they fit the definition of formula retail in the planning code they meet all the criteria for the definition of a Retail Business in addition to the number of stores our local land use and entitlements requires the business maintain two or more of the features the standard device facade and standard sister color scheme and signage a trademark or landmark it has standardized decor and scheme and signage those exhibits are photographs and in addition 31 they have the word kitten and ace a trademark our exhibit e based on the photographs of the kitten ace stores and the trademark operating application must be concluded they are formula retail. Future the planning code says the burden of proof is not a formula retail we feel kitten aces intention is clear they have awning uncontinual intent to meet the formula retail prior to their application for you hayes street matt haney ive planned and secured locations statewide and in the process of meeting hiring needs clear from the announcement of the upcoming locations whether or not they were formula retail at the time of the permit is mute theyve already in place a clear plan to meet the criteria for the above reasons the hayes Valley Neighborhood Association contends it kitten ace is a formula retail under the criteria of the planning code the hayes Valley Neighborhood Association requests the board of appeals to run state the rest indication of their permits thank you. Thank you. Thank you and well hear if the permit holder. Good evening commissioner president lazarus and members of the board im the ceo of kitten ace i wanted to tell you a little bit about me and my company i penalty the last 5 years companionship a cause that cause is the shifting of capitalism away from if the Profit Education and towards a mandate of delivering associate back to the communities in nodding i founded an institution of a benefit corporation who mandate was to help social minded businesses grow in 2011, i delivered a talk on the generosity and business and not living with governance in the face of being business i produced a documentary to promote the cause of community toiftsz entrepreneurs and that film generated hundreds of thousands of viewers i was privileged to be honored by the nonprofit of the b corporations with the 2014 b korea champion award this was my cause that the members of the communities are advocating for today im the cfo of the company it the h bs or organization is protesting i joined kitten and ace i was given an opportunity to build a Community Business in our short life weve invested in the communities and this will not change today and this will not change tomorrow it is a privilege to be part of this conversation we know that is an important one we do not take it lightly were approaching that this the respect and we as a Corporation Corporation are ambitious we share the same values the laws are clear by your definition of the law kitten ace with in compliance if the law dedicates right and wrong were right by your definition kitten and aced was not formula retail we followed our rules whether or not today you want to change the law we respect the process and respect this conversation my diver to was founded on principles of due process we would like to be part of Hayes Community id like to invite jason to speak on the legal matters. Good evening carr here on behalf of the appellant our legal arguments are and so forth from the brief so we respect request the board of appeals uphold the Zoning Administrator determination didnt qualify the formula retail with the Building Permits on hayes street were issued bids Planning Commission on april 8th lets be clear thats the relevant date the planning code establishes a bright line for what is or not formula retail use that line was drawn by the elective branch in 2347 after multiple hearings of 16 months the planning code is now clear that only locations that are in operation or local land use or permit sdwiements are approved counts the thresholds of 11 locations now worldwide examples of local land use entitlements and permit stimulates are conditional use authorization and Building Permits for the tenant improvements thats the case here as explained by the Planning Department and various Staff Reports regarding then pending 2014 formula retail legislation and an entitled or permitted location is one that has been approved by a local jurisdiction the prototype establishment would have invested of time time and money in operations and further entitlements and permits are Public Record and can be individually look at pursuant to the sworn declaration that is independently verified kitten only has 7 locations at the time of the permits issued for hayes that includes the trailer so thats a conservative number and in addition a Building Permit for one other location the total is 8 well under the 11 threshold the current planning code is clear that mere job postings and marketing and stayed goals are not relevant to the test of whether and when a business becomes a formula retail use kitten ace didnt qualify when the permits were issues for hayes street so the Zoning Administrator determination is supported by the planning code and should be upheld by the board of appeals thank you for your time and the variance kitten representatives if you have any questions. I have a question. On april 8th how many leases were secured by kitten i didnt see. Ill answer that question but ill emphasis that is not what the planning code relies open it is over the 11 will threshold. Were you planning to use that those leases for storage. I doubt it kitty but in 2014 the planning code was revised to clarify we do not count that instead it should be relied on the stores in operation for which an entitlement or permit. And the other question is since San Francisco is the the place that people want to be and people with Large Companies plan to be here why wasnt the conditional use looked at prior to since this was questionable. So theres no discretionary review authorization component to that. Okay. Okay thank you. I have a question as well understanding that april 8th is the relevant date you said there were 8 locations and. So 7 locations and including the trailer which is just for marketing purchased we wanted to be conservative and additional leases but as relevant and okay. In addition they had one Building Permit for a location not opened. Okay. So thats 8. Just users arbitrary has h that number changed since april 8th. Yes. Theres no dousht that kit new wants to succeed we believe the question before the board is whether or not the Zoning Administrator errored or used his discretion. Understand. Well hear if the Zoning Administrator. So it is leaked wven the hayes valley rezoning within the rezoning theyre prohibited no process that allows legalization of this use if it were determined to be a formula retail use the subject permit Building Application there are 4 ive requested a revocation in february and january of this year those were approved an april 8th and the contradiction began and i was informed by h n a i was informed of a company killing kitten i was not familiar i did research on the website found information that appeared to indicate there they would be a formula retail use as defined under our permit requirement as state of mind e statistics the code was classifying the trigger what you count for the 11 stores and that is the local ludicrously approval prior to that as the result of the decision of this board i had implemented an interpretation that triggered it based on leases but that was rescinded and moved because of the code change in 2014 which retrirptd address clarified those the information i found was not evidences of operation of 11 or more stores but the fact they were hiring for appeared to be 11 or more stores bans the information the cities are more than a dos dozen locations my thought process if their hiring they must have stores to put those workers in and that youll only get that for a land use approval i responded and responded swiveling because of the fact that the use would be prohibited within the district no path to legalize if it was a formula retail use i appreciate h race this with a passionate protector the neighborhood and bringing it to our attention substantially it was appealed by kitten to this board during the process they provided materials and i did have communications they provided to me evidence which in my mind established that at a time the permit was issued in early april not a formula retail use and didnt have land use approval or have an operation leveling or more stores anywhere in the world thats another chapping since this was last before this board when you heard made a decision on its case we count international now we do with that information they withdrew their appeal and i issued this resending of the revocation request now appealed to you i appreciate the research that h b and a do we did the research and i had our staff contacted various municipalities to try to find if there was in fact incredible and we couldnt find errors in the materials all indicated that at the date the permit was ordinary they wouldnt have tailt its a met the thresholds i didnt august with h b. A. There was a formula retail use been on the website 22 stores in operation not including others locates they may have permits for theyre clearly a formula retail use and their attorney said they have pirgsz early on to become a formula retail use but at the time the permits were issues they were not issued in error at the time they compiled with the planning codes substantial this use would not be allowed but at the time, they come plied with the planning code with that, im available to answer any questions. I think we have them. When you said the staff researched the municipalities you checked with everyone. I had them reach out to as many as they could some were not responsive to our letters and phone calls but i did not find anything and it would be reinforced by the materials by h b n a and the theyve reached the threshold shortly after the permits but i havent seen any information theyve exceeded threshold. Im surprised you took the action based on what h b and n gave you and didnt reach out to the permit holder. Well, certainly you know, i did rock, ray react but felt there was credible evidences and they can appeal and show the evidence the burden is on the permit holders to demonstrate theyre not formula retail and i thought that was enough information to put that burden on the permit holder to demonstrate this it is certainly not a perfect process and not the first resend something ive done. Not the perfect process today laughter . But you know certainly could have played out in different ways by there was the way of due process i understand. That was mainly because of the decided by this board correct. There were many decisions so you get to clarify a question of at least whether theres a permit entitlements hopefully, the jurisdiction has an online permitted information or go to the municipality or someone that is responsible or responsive to give us that information but the leasing information is impossible to verify so if someone has no leases we cant verify that that is one of the reasons will well support the changes made. The second question whats the percentage of people that didnt respond that when you sent out the verification letters. Well staff contacted them by phone maybe half more than half but what i had them focus on those that had listed the job announcements prior to our the issuance of the permit so we looked at preliminary focused o those with job announcements prior to april 8 and there was we didnt have information that came back we had enough to say there is no way they could have been formula retail. Thats my second question what was the response regarding hiring for places they dont have. Ill let them address that that is how they like to find out what is going on. Sure let me give you a job we dont have. Theyll hire a store manager and found hot locations but ill let the project sponsor talk about that. And just in case thats not clear the relevant date is april 8th correct. The four permits the two permits that were issued an april 8th and two issued later in the month those were signed the april 8th were the demo to establish the retail use. Just a technical clarification when you say issue thats when we pulled the permit. That was correct the department of building inspection pulled the permit. It doesnt apply to the permit. It would have been a number of days but initially filed in january and february. Thank you soak 0 inspector duffy has indicated no questions so well take Public Comment before we begin Public Comment i want to make clear officers and Board Members of the hazel Neighborhood Association are only lout to speak under the times by the parties but other members can speak under rebuttal so with that, in mind can i see a show of hands how many people intended to speak under Public Comment if you havent filed auto a speaking please do that before and after you do that and hand to us to reflect our name in the minutes and cocoa line up on the far side of the room to get to the Public Comment process faster than that would be helpful and whove want to speak first and commissioner president lazarus how many minutes. 3 minutes. Whoever wants to speak please conforms. Madam director do you want us to mention who they work for. Employees of kitten ace should refrain from speaking during Public Comment so the boards rules ask for the representatives of a party speak on the times loaded to that party. Thank you for that clarification if you want your comments to be considered item evidences. Good evening my name is perry im a very artist i was born and raised in the richard district of San Francisco and recently have had a great experience that kitten ace that started with a pop up show in San Francisco i got and then a. M. Saying additional to have our art at our shop before i began they invited me over to a superer club dinner i met others artists and had a local chief come over and a great dinner and conversation and you know after that my art was installed in the marina store and i had a interview with them and kind of exposed on their website photographerer from santa cruz that was a great experience i didnt have any major quote quiet retail store so interested in being an artist so on their behavior by pointing out out a formula retail thats the option of what necessary are theyre interested in exploring the locals and communities around them and showing off what exists in San Francisco. Thank you. Thank you. Next speaker, please. Hello, im mr. Sanders work as a author from and home in hayes valley moved to the neighborhood in 2002 and returned from castro this is the hayes valley residents as neighbors that gridlock value the formula retail band wear grateful to voice our concerns regarding the neighborhood were not here to define what local medians but here to see in kitten fits within San Franciscos priority policies with the general plan and compliant with the hayes valley retail i believe not open any account will change those facts kitten ace is not locally owned j. J. Willingly stated kitten ace not intended to be a small or medium sized business the founders referred to them a retail force in the gloriously market and in ceo words within 5 years becoming a global planned brands and bringing in 40 millions in saddles by december 2016 that last finger comes if an article in the New York Times but the author researched before they filed their proclamation therefore been their tension all along to immediately achieve a big formula retail and additionally, the employee count rorsz theyre not a small or medium sized business they have more employees for the upper limit of medium sized i value hayes valley and when i settled here a sense of community fostered by small merchant and relationships kitten ace has noted conducted in a way to respect the communities more fosters good relationships with the residents i respect ask the board of appeals react to prevent the openly of kitten ace or any where with else of the formula retail band. Thank you. Next speaker, please. Hi, im cindy have a Retail Business in hails for the last 20 years and im here to talk about the pulse of the neighborhoods and i have regular conversations with neighbors that live in the neighborhood arrest people that come to shop in the neighborhood for many, many years at this point and the reason they come for the uniqueness of the neighborhood they appreciate the nonretail formula chains in the neighborhood and up in arms about what is happening now we need to protect the Small Businesses that are already here that have worked so hard for so many years to make hayes valley what it is 20 years ago kitten ace wouldnt have wanted to be neighborhood people have work hard to make hayes valley what it is a community we know the neighbors and residents and were a community all intervened and care about the neighborhood and we want to keep it Small Businesses that care for the neighborhood thank you very m h much. Thank you. Next speaker, please hi, im stephen congressmen one of the partners of a retail store on hayes weve been there 13 years it is a wonderful neighborhood part of the neighborhoods for a very long time every part of that neighborhood brings something of value to the community there are will be two things the letters of law i cant speak to but asking can speak to the spirit of law and kitten and ace is not following the spirit of the law whether they meet the date i cant speak to that but the spirit of law indicates this is not a place and im a little bit surprised when the ceo spoke he said hes into supporting the businesses and doing business right one the reasons that not bringing formula retail spot neighborhood rents will rise speculation has been rents theyre paying a high number i dont know that for a fact but we heard twice of what were paying now part of the challenge of bringing up this the rules are we dont bring people that can basically knock the rest of us out the neighborhoods thats one piece the letter of the laws opens the door for any formula chain for any company that wants to open a chain theyll start in hayes valley it is a great place to start and youll have less than 11 to part of this opening the door in 10 years well basically be the incubators for a lot of formula Retail Stores from my prospective this is not what the neighborhood needs in the spirit of what kitten ace says theyre about the neighborhood thank you. Thank you. Next speaker, please good evening. Thank you. First, this is truly an honor to be included in this conversation in this great family i come from germany it is great to be part of the country and see the exclusiveness i want to raise two questions first is kitten ace formula retail and then the second one is more asking the board also what is the face and future fabric of hayes valley were all envisioning i myself operate the store been there on hayes and a second location in hayes we employ 2 formulate and 2 part time people Everybody Knows that it takes a tremendous amount of time for negotiating the lease and getting the permit and staffing and opening up today is the ends of august everybody agrees that takes 6 to 9 months that puts us into a timeframe of february like informative november of last year obviously it is to the board and also to decide how the law works we shouldnt fool ourselves kitten ace is definitely a formula retail and 25 proximity locations and planning another 80 locations at the end of the year so Small Business has 45 locates why im i repeating this this is important for the future fabric of hayes valley were independent merchants we operate more than 50 percent plus margins and have 20 percent that goes into rent and three percent that goes into stocking that leaves us about 4 to 10 margin the key of formula retail it is a errors of unidentified merchandise that increases the average forwards profit up to 20 and three percent that allows to pay much higher represents and power not not situation of kitten ace how do you see the street evolution and he think two great powers i want to remind we have been first one is a recent fillmore street were basically, all individual merchants are disappearing and restaurants pushed to the side you feel if youre walking through wloom details and not interesting the same will happen to hayes valley if we dont prevent it what is more for the decisions counted for 4 to 10 years when our leases need to get reviewed so you look at the street that be basically like grant or are not interesting and not any more for the residents thank you for your time and consideration. Do you would you care to state your name. Christophers. Thank you. Next speaker, please. Hi, everyone im tracey brown the owner of a business in hayes valley the is that a there is so much brought up i can reiterate the press information that was put out by kitten and ace wanting to be this global force is not what hayes valley is ive only about in operation for two years i can talk about the clients that come to my establishment how cute and acquaint the businesses and restaurants and i also want to say that having the value of being local is something that every business should have life i didnt see have opened up stores for people to be involved if the design of their jeans but my background before i the this work i actually was have a background in Community Planning i run a noted been here for 15 years one the values of Community Issues talk to the community about it i talk to the merchant and even when they had the opportunity they knew they were doing to meet the letter of the law not if the intent not an approach to you know the committee for hayes Valley Neighborhood Association with the Business Group i happen to be involved if the merchant my partner my spouse will tell you i wanted to open as a nonprofit but it just seems i dont know what im saying if you want to be local and want to be part of the community youll actually speak to the continent that youre coming to thank you. Thank you. Next speaker, please. My name is lauren im a merchant on hayes street been a merchant for 13 years one location i dont have aspiration to be a global force what drew me to hayes valley was the fabric of the neighborhood and the if a, it was local merchants but i think the important thing is intention and you know the first intention what was the intention of the code that was written i happen to been part of writing that back about 13 years ago when starbucks want to come into hayes valley they demurred over after the neighborhood raised quite a fuzz of us and said we respect what the wishes of the neighborhood and not going to open up in hayes valley but through that a number of merchants and local residents got together and we wrote what become the formula retail legislation that is now not only citywide on certain levels but you know, i think has taken hold donation widely and San Francisco leading the way so the intention was to keep the neighborhood unique and primary, you know, locals independent merchants the intention of kitten ace they want to be a global force at the moment that they applied for the permits you know the letter of the law and what was other than the table was within compliance it sounds like but the question at that moment by clearly it is of the their intentions is not no keeping with the intention of this legislation was which is to keep the neighborhood independent and local and unique and something that you know is not replicated on every shopping street country so i again you know theres no question about lets say their ideas of supporting local artists and being a Good Employer so it starbucks i know you cant august theyre a well run company that treats their employees right but not the kind of business now more is kitten ace is wanted and welcome and has the right to be in hayes vall valley. Sir, if i care to fill out a speaking. Fill out a speaking okay. Thank you. Thank you. Next speaker, please. Hello my name is carr rein in hayes valley since 2003 my Business Partner and i first wanted to open a shop in hayes valley we looked at the neighborhood like fillmore and Chestnut Street when you first came to hayes valley it was unique and vibrant we couldnt see opening a store anywhere else how 12 years later our hayes valley is diverse and attacking people if all over the country and world thats due to the hard work of every Small Business owners to making the place unique so allowing the chain store in hayes will leave the neighborhood in a path of no return when other chain stores follow ace our neighborhood will change and people that like coming here will stop coming to hayes when necessary, easily shop for the same stuff added other places i ask the board to reiterate the Business Concerns if we allow the chain stereo that is traditional a chain store is a chain store what will be the future of hayes valley be thank you very much thank you. Next speaker, please. Hi, im jim ive also in hayes valley over 12 years now and the commercial district and the character of the merchant that is what attracted me to a neighborhood it is truly a wonderful and unique place that the merchants banned together to author with the city the chain store legislation it speaks to how important it is to our community it is important to note as one of the speakers said you know when you try to come into a neighborhood and be a Good Neighbor and reach out the community you think what reaching out to a Community Like the Hayes Valley Association would be something that one might do neither of the organizations was contacted so this is questionable point also discussed today you know is this the letter or the incidetef law we think that is the letter of law you dont hire people for locations you dont sign leases for all the characteristics of the store in terms of signage, merchandise and commonality. Speak to this is a chain all their public statements including were a nontraditional formula retail i dont care if youre nontraditional if youre a formula retail youre a formula retail in addition to looking at the letter of law look at the 81 intent there are other areas for kitten ace to relocate they have one no more unity street and union square a number of places that dont have the prohibitions theyll be welcome it is a special character of hayes valley were con intending be is being violated and a sneaky backdoor industry to get in before they reach their threshold and exceed it all of those reasons we ask your consideration and hope youll be revoking their permits thank you very much. Thank you. Next speaker, please. My name is pamela born and raised in the richard district a local artist never by a preponderance from a corporate retailer i want to ask do any of the local retailers have an ad in the September Issue of w magazine the answer no a very, very professionalable space in the periodical i can work and live in hayes valley for a Small Business im not the owner but serve and work with everyone here you know, i see them on a daily business and respect their hard work both the businesses i see them daily to insure their customers everything or everything is going well, they dont have the money of a big, big business you know San Francisco is a home to many i just do think they have the right formal for the neighborhood theyve aided under hypocrisy they started off newcomerly, however, their intention is clearly over all our eyes it is a sweet neighborhood and a small space left in the city where local artists can do our thing and see each other across the street and wave hi the worse that it can be this is the one thing it keeps your city unique and pure and true im passionate i dont think that is correct or right well be giving up our rights to give up what we have left to the corporate beast it is ridiculous to say, however, lets work with other okay thank you for your time. Thank you. Next speaker, please. My name is nicole bald ive worked in hayes valley for 11 years and been a Business Owner for 5 Small Community is such an important part of San Francisco and as p k said were watching it i feel like hayes valley is one of the late standing neighborhoods where we you know we get to be a part of it and the community is visible the tourists the people from other parts of neighborhoods you know they appreciate our sense of community and be open to them and what makes us unique were small and we all know each other and if we need something we ask our neighbor you know formula retail protections have allowed businesses like my own to stay open and the fear of being pushed out by larger businesses my concern didnt lie in how local my neighbors are there is an amazing mix of people from all over the country but how small they are so my voice is he heard just as much as tailors you know i dont have to worry about my rents going up and my career as a Business Owner will last more the length of my whereas thats one of the biggest fears our lease goes up and we cant afford your rent the neighbors are paying ten times more we are on so many levels important to stay true to the formula retail so we can all stay in business i dont doubt that kitten ace has the same values and he totally support the hulls of a business that wants to grow quickly i wish i had that hustle but my business is my one store alleys hazel is not the business for the hustle it is a multiple business across the city but absolutely not in hayes valley i dont doubt cushion theyll help to grow employment and neighborhood traffic but this is also a long term flare for Small Businesses i dont decide credit them put out those facts i just dont i think their assets to the neighborhood thats all thank you. Thank you. Next speaker, please. Hello im madeline ive already turned in my card i live there 25 years i opened open hayes street bra the freeway was torn down and been involved with the merchants for a long, long time and know the Neighborhood Association were a small neighborhood and it seems disingenuousus the way that kitten ace came in and filed out their plan i understand there is a flaw and intention and that has innovate been honored i agree with jim who said were not approached im on the committee for the Neighborhood Association and run the Arts Coalition and never heard from anyone they want to have local artists im here to support if there is a chance to continue to be the hayes valley that weve green to love thank you. Thank you. Next speaker, please. Hi im sorry bob anderson a resident of the hayes valley since 1988 i used to visit madeline ive seen the hayes valley grow in many ways when i first moved in my first day i was laying on the sidewalk we are or they were raiding the hotel from me its changed i live on van ness an area that does allow whatever people want to put there im constantly amazed of hayes valley with the uniqueness as an independent place to go im a bitten believer in slippery slope and it is how people approach those kinds of things ill hope that is something that people think about tonight thank you. Thank you. Next speaker, please. Hi there im ann im a triangle residents with my husband and a geographyer by training and ive been in San Francisco about 2 and a half years we love to shop in hayes i hear everything that is said about formula retail in all the stores but as someone that enjoys shopping it strikes with me when i here are hear the things youre getting the investment theyre trying to make in the community and the psychomentioned the status and the things their recognizing that hayes is special and tracing to make a contribution perhaps the small one person businesses i go into the hayes valley shops i turn over the label im sure the restaurants are sourcing theyre foods in San Francisco i wonder as an environmentalist what the motivation to keep out a successful chain over the us is a mix of small rain water that make the neighborhood vibrant so i ask you to support the hayes valley neighborhood and make the comments thank you. Thank you. Next speaker, please. Hi, im teresa worked in hayes valley for about 8 years in two different locations its my neighborhood im sad a company is coming in with an intent to be part of neighborhood theyre not part of the neighborhood as Everything Else said weve work hard to make it we can our neighborhood and kind of band together and i just weve worked so hard and have a company come in like this and potentially hurt the Small Businesses with our lsd is trying to raise our rents a friend of mine her business is closing down this month because the landlords is raising her rent she has to move her business in with mine to make it were making room for her im really sad and hope you guys dont let this happen. Is there any additional Public Comment. Seeing none, before we start rebuttal i want to give an opportunity for the subject pertaining to speak if someone is representing that person in the room it didnt look like it well start with the appellant you have 3 minutes. Here. Hi names a gale im Vice President of the hayes valley be Neighborhood Association and been listening to everybody id like to call out one point here im rogers our opinion that this is a formula retail use for two to four months in the advance the approval date to fill 15 stores and continue to operate thats existing it part of the retailers planning im an experiences global textile and professional many years and ive done business with formula retails that were rapidly expanding the kitten ace have a strong mill relationships to meet the production minimums and Global Apparels to coordinate the multiple store opening to distributor that vicinity a semi. Of simple plan to rapidly expand and the store count must include the locations it is the behind the scenes Global Production planning utilizing its store lined identified locations in each city and their scheduled openings must be confirmed in advance to meet the plans production must be planned and finances bans kitten ace their strategy of utilizing the already retail spaces vary in size and configuration allows to do you want to the architectural sites rapidly opening and eyeing that pink coloring with their hundred percent owned brand apparel counting the brick and Mortar Stores without the entitlements of opening in rapid subsequence is unacceptable it is an attempt to gain the system that was meant to protect the district that bans formula retail it is clear already opened and entitled or permits approved with the already sdierltd definition of entitled stores kitten ace exceeded the count on april 8th. Well take rebuttal from the permit holder. Carolyn chase again base on here on behalf of the appellant if the board has any questions the Zoning Administrator will be happy to clarify id like to im going to turn it over to ceo. Thank you thank you, everybody for the feedback we appreciate it i know were characterized by an ominous forceful of secrecy and mix up the fact weve never been anything about transparent about our ambition and quarry throwing around words like global force like it a bad thing if you have alignment towards being an International Part of a Community Self speakers say they care about the neighborhood we wouldnt be standing here if we didnt care about the neighborhood and also the two rows of employees that are local san franciscans we dont import staff we hire locally we also have a lot of merchant in the community that are supporters that have equal ambition so what is local it is so simplicity we consider ourselves embedding into the areas but kitten and is committed for more a significant commitment of the designs are create by the artists yes, we in the future can provide global exposure to those local artists by having shops around the world we have the online wall that future will create youve heard we have our super clubs catered by local chiefs and invest in our Community Every month celebrating the local creation and in shop designers that can create a career for themselves and we have free wifi in the shops with sparkling water we have west portal we understand the dynamics of the citys rules and been transparent about our position the thing were not a chain store in the traditional sense weve never considered ourselves as formula retail were not the gap or staples were local and committed to the community thank you. I have a question knowing youre the force you have and the planning youre going to do did you reach out to the local Merchant Association and work with them. We speak with the hd n a and invited locals to super clubs many merchants two scared to speak with us because of those formula retail rules we understand that completely like i said our two rows of staff have been combedz themselves in the community. The second question i have when i met was that prior to schutt the lease or after. After we secured the lease. Understanding youre the global force in that your business is doing and knowing that our local rex are restricted regarding formula retail is there a reason you explicit reach out to the Community Organizations prior. I dont think that there is a reason either way i think there was a lot of local activity that did occur as youve heard from people today and it has no so i dont have is a compelling answer to. Thank you. Youre welcome. Mr. Sanchez. Thank you Scott Sanchez Planning Department just to two points first, we dont dispute that is a first right of refusal, however, at the time the preempts were issued and they were issued there was mother appeal on those permits at that time, it if meet our dpefgs of formula retail use and i appreciate the research they did but i wanted to get a clarification they stated in their rebuttal that based on exhibit a of their brief it states there were 7 locates in operation in 2014 and then in early 2015 on april 8th permits for hayes and one in cincinnati that brings much of them up to 9 total in rapid succession they added stores and permits for dallas and also for columbus, ohio and it looks like their 12 store would have been the one located here what trigger the requirements on may 5th i dont see any minded when those permits were issued they were, in fact, formula retail we did the h n a and aware of the argument by kitten ace and trying to see make sure wear correct and make sure wear not allowing some go that is a formula retail use at the time it was issued but now very clearly it is a formula retail use. Im available to answer any questions. Youre looking at me. Does the law allow the z da to look at it the intent of the company in terms of a lot of the parties are speaking about the intent are you allowed to look at the intent whether a global force or Small Business or anything like that. The code doesnt provide discretion determining when the threshold is reached the code is pretty clear and not open to interpretation after the board had amended to last year the question of the president is always important but very difficult to regulate on the question of intent it is a brood supreme and kitten ace i dont know from is day they were invented with the intention of being formula retail and have the means to do it thats one level of intent and the other level of intent someone president to open up a video store thats a bad example. A video club. Laughter. But with the draechl having more establishment one start out a Small Business and eventually was a formula retail use which became starbucks. Which do we say someone has an intent sufficient enough to say you dont meet the threshold but have the intent to become that this is problematic to implement this permit was reviewed by the Department Staff i didnt review it we have staff at the counter to be interpret the code i could have a lot of different interpretations of intent when you get to something that is skwush i didnt and cases i find maybe i suspected that someone is going to do it something beyond the scope of their permit but give them the benefit of the doubt and if they vital it we cant based on the gutted feelings. Because i wasnt here when the board of supervisors revised the law was they discussion about intent. There was the question came up in the kind of toll hold idea of you know are you going to go into a location that doesnt allow formula retail and then become formula retail that was something we discussed but no way to prevent that to length or legislate out of it like jack spades and jack spade. That permit psa has done away and closed their Retail Stores and at the time that was argued their intent they didnt meet the formula retail but had intents to be a formula retail. Theyre in hawaii. Are they still open i didnt see my locations. Thank you. Thank you. You mentioned the preempts were issued and obviously substantially rescinded them what was the length of times that lapsed. A little over a month maybe a month exactly they were issued on april 8th and the application was dated may 8 yeah. Those permits would have been subject to appeal at that time. Gun 15 days of issuance thank you. Commissioners the matter is submitted. Well, i guess ill start so as my fellow commissioners, this topic of preservation of Small Businesses and the uniqueness of our city is passionate to me i at one time was a Small Business owner in San Francisco for 16 plus years until a formula Retail Company blockbuster hollywood they blow in rented a big space and blew out caused the rents to permanently go up the question really is that little letter of the law spear spirit of the law both i believe that theyre a formula retail although i respect the Zoning Administrator gridlock and the Planning Department i dont think that you can really adequately find all the permit that are available throughout the world and throughout the United States there is no way of tracking that youll require the whole Planning Department to. I believe in the letter and in the spirit they are formula retail i think that there is a lot of poenz people like someone from the public mentioned early that would love to have this store and lots of locates that would like to have them agree a frequent visitor to hayes valley i love hayes valley it was quite the different place and yes on the one side the track jc was quite an experience i remember getting my daughters first teddy bear at the teddy bear fisher it is no longer there theyve process periods a wonderful place to see Small Businesses flourish and im sure the idea of their business is good and it sounds like it is nice but what happens is rent goes up and weve seen too many local residents leave because of the local community and the Small Businesses. I think this discussion among the Board Members is different this time not only that particular case but 3 cases that this board heard the issue was looking at what was the law and what was the intent i think he do that in every instance i will move forward okay and is that better okay. When we dealt with those cases previously the legislation as crafted by the policymakers was not totally clear it was not as specific as now it has become i think that the latitude of this board had in looking at intent is no longer there and therefore i find no way accept to accept the Zoning Administrator, what say you . Determination and i schekd those numbers and it appears that at this point in time. At the same time commissioner how can you verify 8 or 9 stores the threshold is 11 how do you verify theyre not extinguished. Im incredible semiathletic to the neighborhood and absolutely appreciate their angst and frustration and the commissioner next to me find the law is not as unclear as before clearly i wasnt there but looking at the statute and you know im going to have to go with commissioner fung on this one sorry commissioner. Somebody should make a motion. Im not that enamending. Okay right ill make a motion move to deny the appeal on the basis the Zoning Administrator did not error or make an admission in the recession of the revocation. Okay. Thank you we have a motion to deny the appeal and uphold the appeal on the basis of the Zoning Administrator did not error or abuse this is a discretion commissioner fung commissioner Vice President honda nay. And commissioner wilson with a vote of 3 to one that that motion carries and commissioner president lazarus theres no other business before the board. Were adjournedmuch. Thank you thank you so much for your patience first of all, i know everyone is waiting partially im laura garcia the morning anchor with the bay area news from 4 30 to 7 before the todays show i betty bet most of you up ear here to talk about comcast and joined by special guests california regional president and as well as supervisor wiener from San Francisco and executive director for San Francisco sticking aging and Adult Services as well aaron leo Program Manager of sf connected and camtc the director of network and the executive Directors Community Living Campaign and jerold board member yes, a big rounds ever applause for everyone taking their special time for oozing our special celebration were collins avenue e kicking off the fifth year of internet an internet seekers is one of the lowcost broadband that is happening in the entire country as a journalist reporting from this community in the San Francisco bay area were 14 are 15 and a half years of getting up early in the middle of the night ive seen the role of extension the internet how to comes to play in our day to day work i remember people used to get their news from the newspaper i know in the bay area although were the Technology Center of the worlds we have many that are not connected introduce the internet that is hard to minimum im also the mother the triplets 3 the babies yeah, thats something i celebrity every single day thats lucky a lot i consider myself lucky i binge bring that up their 6 years old and those kids with theyre homework and how to connect the teachers to the medical officers and it shows the needs and evolution what their grouping with naturally my son can teach about google and whatnot it is hard to believe this so many not connected because mayor the cost of service or the cost of devices you know get on the interjects or lack of training so they have some Adult Literacy Training Programs as well but i really 7, 8, 9 to highlight one individual that made such an Important Mission to insure that comcast does it part to incur the families not connected hard to believe to the power the forget it is my pleasure to introduce the president of the Comcast Corporation tom. clapping . So thanks virtual laura for the record i was up roughly the same time you were and watched you this morning i check out our nbc faucets but thank you for joining us here this morning and it is great to be back in San Francisco to talk about the internet essentials over the past 4 years ive been here many times to talk about this program this is my third time with a laurie appreciate our continued dedication to this program so im delighted today to give you a status update and talk about a few exciting announcements to like the San Francisco giants winning the world series title bay area i should be an honory citizen im a riechlt lifetime giants fan i inherited through any fathered that as a San Francisco giants fan for the first time in the history of the program the state of california has edged out there under to be the number one state in the country for internet essential sign United Parcel service clapping. so more than 70 thousand families or more than 2 hazmat and 80 low income californians are connected to the internet as a result of internet essentials in the green bay area we have more 23 thousand families or 90,000 low income residents who have been connected introduce this program so congratulations to all of you who help to make that happen and if i can ill not introduce everybody that was introduced but a special thanks to hanging who drives this program from the prospective of comcast and hanging perceptive to our leadership not only of that bringing but it is a pleasure to come out and see you today so thank you hanging and the team clapping. nationally in just four years weve connected more than 5 hundred thousand families within 2 hundred low income americans many for the first time in their lives that put prospective around that 2 Million People is larger than the population of 96 of the hundred largest cities in america and in fact, the double the size of the entire population of City Government and larger in an the population of 14 difference states in america were clearly beginning to make an impact in closing the digital defied ive talked about 3 announcements i want to reference them first of all, we have begun doubted the internet serves so we started this program at 1 and a half meg to 3 to 5 and now to 10 and were doing that at no Additional Charge to existing and new customers of internet essentials second we also have announced that effective males were providing a free wifi routerer to all internet essential customers youll have the ability to assess your Internet Service at home clapping. there wifi. For existing customers all have to you do all the tollfree number were send you a routerer and new customersblast will get the modem no charge for the routerer no mobile charging no contract a Service Charge if you need help there are a few things in life that are really free, free wifi as part of your service clapping. and so third and this is a little bit complicated let me take a minute one of the goals to make it easy for people to sign up for the service most families that have children eligible for the Lunch Program is that we choose that we have to verify that eligibility and thats a bit of a cumbersome so a while going ago we constituted a rule if your child gos to a school where 80 percent of the kids are eligible to participate in a low income well say theyre eligible for our program last year, we reduced it to 70 percent so if youre at a city hall 80 percent of the kids are eligible for the free Lunch Program your eligible for the essentially of not eligible for the Lunch Program weve lowered it to 50 percent 20 thousand schools in the comcast footprint in this country where ever we can student in that school a eligible to participated in the program regardless of them themselves are eligible for that the National School almost program instead of a clumsy Third Party Verification all you have to do is proof give us a copy of a report card a Class Schedule a letter from the principle inviting you back to school well take anything that says you go to that school well count that as a qualification for eligibility under the program so thats this is all part of commitment to maintain the momentum and a continue to sign people up im proud personally and everyone in the company this would not have happened without the support of literally thousands of nonprofits governmental, library, faith based on Community Partners who have joined arm and arm with us to make that program such a success one the commitments to our partners has been we want their input both this program what is working not working, how do we make it better and easier once 24 program got traction the number one thing a everywhere heard from the nonprofit partners would you be willing to expand the eligibility of the Program Beyond the families with School Age Children for those you have by way of thank you to all the consumers of this center for joining us today but those who wonder why were standing in a Senior Center to talk about a program connecting children and low income families with School Aged Children to the internet our patience is about to the awarded the number one population is whether we consider expanding the guilty to low income seniors that is a complicate population what weve decided to do and what weve decided to side launch a handful of programs to standing extends those to a low income population and the city of San Francisco is one of the pilots thats what were announcing today clapping. over the last decade Senior Citizens or low income have adapted broadband at a particular low rate Carbon Dioxide to research only thirty thousand seniors have broadband assess at home 82 percent of seniors with incomes above 70 thousand theres is where in the wooektd but have access to the internet at home 60 percentage point Digital Divides were step up to the plate that to low income Senior Citizens ill remind everyone all around the cry that is still to the a complete understanding the number one barrier to broadband option is not the cost of the Internet Service it is not even the cost of the equipment or the lack of the equipment those are factors but the number one barrier to broadband adaptation is a bufshlth of digital literary and relevancy people without the internet dont understand the importance or or relevant they are afraid of it dont know how to use a computer those issues are acute among Senior Citizens other pew research concluded 18 percent of seniors surveyed will feel comfortable using the internet on their own while 77 perris said theyll need anyones hope to assess the internet so what we know from your 4 years of experience is that having a press conference and issuing a press release and making highspeed available is not going to close the Digital Divide among the seniors we need to create a Digital Training Program which were going to side in in conjunction with a new web of nonprofit partners and governmental partners so your model quite frankly is in San Francisco question partnered about selfhelp for the elderly to ether training close for seniors that Work Together in our comcast Workers Program in florida the other Pilot Program weve announced for a lot of seniors in palm beach there are a lot of low income seniors in the county we had a meeting with the faucets i recently met with the president of that local urban league and with a number of seniors that participated in a Digital Literacy Training Program we put together with that urban league the president s said teaching the seniors to use the internet is like teaching a new language in twauk the seniors i learned something in a powerful way through providing Digital Literacy training and computer assess and computers to those seniors weve opened a new window in your world and enabled them to connect to their friends and Service Provides and families in. Way they never imagined would be possible and it is its different than children who quite frankly know the internet better than their parents do and understand the power of the intersected in low income senior population is a population that we are literally opening a new visit to the number one issue to elderly is isolation of seniors our ability to use the internet to reduce that isolation and maintain connectivity it going to do more in my view to impact the quality of life for low income seniors citizens then imagine we can provide as a solution to the problems of seminar isolation so because i do work for a Video Company we have produced a short video staring some of our local partners in Palm Beach County id like to show you to get a first hand sense from the seniors about the power of the internet for a low income senior population. Keyword. Come on. For seniors to have access to the internet is essential without that their left behind and this community in west florida many people are haitian and jamaicans it costs them nothing you are to have internet. I use my Digital Connect for friends and families and i have a friend in jamaica i think it is great you, you hear about the internet because most computation is done by internet now i remember when i used to write letters or send cards we dont do that anywhere. When it comes to seniors and the internet there their r all afraid like a giant monster it is really not. Im leon to go on the internet i was totally grntd im learning to lose the fair market price ill get all around to use it if i had the internet i could side lots of things to keep me win my home and even pay my bills and lots of things if i had the internet that is more than i ever thought it means so much to me. It changes everyone not just seniors and kids it can change all lives comcast brings that is where he cant two their home at a minimal cost it is about chief Financial Officer their lives. So clapping. i have to tell you talking to this group of seniors po who literally 6 months before i met them never touched a computer and have hearing what we were doing with the computer and with Internet Service in their homes as impactful a personal experience as any thoughts incredible experiences ive had talking to parents and their children about access to the internet one of the greatest enemies i was talking to the structure how are those women doing he said mr. Cohen theyre doing great in fact ive asking them to be trainers for any neck class of seniors and the look the smile on those womens faces the happiness and the realization they actually had progressed far enough theyll be able to teach their friends and colleagues how to use is internet was priceless this is part you talk about an unintended consequence of Digital Literacy training the sense ever work those women could help to bring the same opening of the world to their friends and anothers in the community that had been brought to them was amazing were incredibly excited to work with our friends and partners in San Francisco on this pilot i want to thank all the elected officials your nonprofit partners especially want to thank the mayor katie and please appreciated our being here your acting in ac an acting mayor capacity the mayor and i have known each other for a long time we choose San Francisco because of the marries dedication to closing the Digital Divide one of the few marries in the country focusing on the low income seniors working with the mayor and supervisors, with the department of angling and the robust nonprofits that focus on the Senior Community i have no dough San Francisco will be the ultimate Pilot Project for us it will show how we can make that work and better and how we can role it out to the rest of the country over time so thank you all thanks for joining us i looked forward as i threaten ill look forward to reporting on the success of this program the bay area is a spectacular place to roll out the program and many more years of success thank you. clapping thank you. Thank you, mr. Coning i think weve heard that before what happens in San Francisco so goes the rest of the country so today, were joined by that and leader of the beautiful city and county of San Francisco david mention her worked on a number of issues for this quality of life please please join me in welcoming district 4 supervisor katie tang. Thank you, thank you very much everyone and of course i want to on behalf of mayor ed lee that couldnt be here he would have loved to thank comcast in rolling out our second pilot not United States in San Francisco but i know sitting at the table many of the nonprofit leaders and Community Leaders as well ann hes son her phone the department of the aging and Adult Services and selfhelp for the elderly theyve been trying to allow companies to be able to come in and better serve our Senior Community and the populations that do not have access to internet so i know how important that is having growing up in a household where my family gjtd to america i went yesterday to my parents house my fabricates showed me a game he download i cant believe that all the things the wealth of the information and the Services Available for the seniors and how important that all of us learn again, i want to thank comcast and youve bench working hard and we can close the Digital Divide. speaking foreign language. thank you. clapping . Thank you acting supervisor tang for being us to mark that special occasion im delighted to announce the supervisor that advocates for the seniors on behalf of providing did Digital Literacy to seniors supervisor christensen clapping. hi julie overwhelm to put you to work. speaking foreign language. good morning. speaking foreign language. good morning. Im happy to be at lady shaws and thank you, annie for hosting us here today, im very happy to see the former assembly me that man david chiu good morning david it was when david was supervisor i first became familiar with some of the programs to open up technology to the seniors im glad to have him here and welcome to the acting mayor and supervisor wiener. speaking foreign language. and a special thanks this morning to comcast for making those programs and Service Available to our seniors and city hall the government cant do it all im very, very graph to comcast the last time i did an announcement like this we were standing in a school yard with Young Children im happy to be here at lady shaw with the seniors i love everyone in district 3 but a special spot for the seniors so im grateful to comcast for making those Services Available those to members of our community. speaking foreign language. so thanks too to the Community Technology network and to the Community Living campaign and to selfhelp thank you to ann and our folks at the aging and Adult Services it takes a lot of people that make a Program Available to the community so we know we rely on the nonprofits for help and grateful to them in this case. speaking foreign language. i know when we built the new north Beach Library we were asking people what accident we want to the new library one the new things more computers and we went from 3 to 15 computers in the new north Beach Library every time i go in i see somebody sitting at every single one im anxious for the San Francisco retirement board to be able to take advantage of this tool to community communicate and explore. speaking foreign language. soy know we have our smoke deterrents snuffed at lady shaw and the city has lines to make our sidewalks save and Better Internet it is a great times forelady shaw thank you to comcast clapping. speaking foreign language. clapping. thank you very much supervisor christensen now our next guest represented district 3 serving as the first asian president from patterns he understands the importance of incurring all communities with the resources they need my sincere pleasure to introduce pro tem for the Assembly David chiu. clapping. speaking foreign language. good morning its great to be back i am usually in sacramento if the middle of the week fortunately, i didnt have committee and this was such an important announcement we or are center the technology and innovation San Francisco has been leading 21st century economy but we know we have a real visible divide we know if youre a senior less likely to be on the internet and low income less likely a chinese or latino guilt less likely to be online and it is obvious if youre a chinese senior who is of fixed income less likely to on the internet. And thank you to comcast acting mayor skaing ive been trying for years to get my parents on and twentyfour hours my father sent a facebook request to my district director and my mother texted me the second time if her life shes received a consumer scam to me thats a really, really big step what comcast in partnership with the city and project sponsor with lady shaw about change how the seniors that able to joy their lives and get for Health Care Information and connect with our children and grandchildren to find a cheaper place to invest our friends and visit your friends in china and hong kong those are some of the benefits im delighted to work with great barns go solar to be here with my succession and supervisor wiener and supervisor christensen like all of us were a thousand percent dedicated to making sure we have a hundred percent hundred percent of our san franciscans who get online ill close with one last thing ill give all my email address once our oly want to here how the guidance will win their next world series and want to be connected here with you david dot chiu and thank you comcast we look forward to hearing from you. All right. It is time to fill up his email address 24 project will take place in the bayview to thank you to comcast great to see a Great Program i know someone that is extremely proud to be part of the internet the champion of low income seniors and families you name it in the bay area since 1981, in fact, annie has managed selfhelp for the elderly a Vital Program for the range of serves for over 35 thousand seniors in the bay area that excludes heartache and education social, recreation programs and even serving meals over 15 hundred bay area seniors what a pleasure annie the president and ceo of selfhelp for the elderly. Thank you clapping. thank you so much laura and welcome to the lady shaw and the selfhelp for the Elderly Center center in June Scott Adams tenant the graduation this is the new program the sf ran for the parts 9 years and every year we train 14 will 15 to 21 and teach them computer skills and internet skills but more Important Community skills and leadership scott was in my year annie your dream of standing the internet may come true i cant say too much by wait for my good news. Im sorry david but, yeah really within dont short months upcoming here comes lorraine calling us to prepare for to announcement shes been working day and night thank you, laura i cant and scott for being ore partners for the last 10 years the program was not only wonderful to the children but every graduation the parents of those kids would walk up to scott and me and that is correct us from the daughter to the young 15yearold that didnt touch the computer because their recent immigrants but they bloom and mature scott and a were amazed at the videos at the past graduation when scott present the computer the laptop you know and all United States wonderful gifts to the kids it almost seemed to send them off with such a wonderful career boosters so on behalf of the Digital Connectioners and on behalf of the communities thank you to comcast thank you to scott and lauren in a. clapping. i was tauths many, many years ago by a wise member that if you have a dream and you want your dream to come true share that with as many people as you can while launder in a taught the families with the School Children and Lunch Program children we were happy to do that every time i have a chance i say lauren in a what about the seniors i think im going a thank aaron and polio that left hand to the knew so we have been talking about how to get the last 20, 30 thousand low income seniors contending to this internet and get information an heartache and go to dmv for appointment and look at the customer kind of reports but more important to connect with their families and friends that makes a different to the quality of life i think david everything starts and begins in San Francisco so you choose the right city to have our pilot im almost certain that with anything that the Community Agencies partner with comcast that will not only meet our expectation but steady exceed that i hope youll not put the cap an whatever number you have laughter . No cap so 40 thousand seniors with the program youll welcome them with open arms so thank you david for a wonderful staff and thank you to all of our seniors theyve been supporting the sf connected classes we started out center about 15 years ago and the secretary of chamber of commerce felt the challenges of a nonenglish and gnlt seniors learning the internet but gordon and emily students to learn almost thing you know that is relevant to making his life and now coming back to teach the class as a volunteer and he lives in the east bay clapping. so i want to thank jarpd jordans and teach the seniors they have the by itself students they care, they really learn and listen and david we have patience so we know that we waited for a long time but finally our dreams are coming true thanks gun for again for the 999 is like a gift i know that our senior population will really embrace it thanks again. speaking foreign language. clapping. okay. So my job is ask one of the consumers it speak directly to you ms. Tracey lee so tracey will speak in english a immigrant from vietnam and coming to learn about the internet and computer classes. Good morning, everybody. speaking foreign language. i have been attending computer classes this center for more than two years ive learned how to get on the internet for to meanwhile to connect with any friends and family and learned how to get on the internet to catch a movie and crochet pattern for knitting and he almost do anything that i want to do on the internet i want to have the internet at home to get on the internet at my convenience but right now not connected with the internet at home im thankful in cardiac arrest can over the lowcost not only to the San Francisco retirement board but i sdashthd like me future clapping. thank you so much for that sharing your story dont start shopping on the internet that gets you in trouble then a beg bill and annie you keep giving us those dreams they keep on coming true it is so exist to be part of the internet essentials programs to seniors and the Pilot Program take place in our belook forward San Francisco connecting low income seniors to the power of the sgrekt into our homes to get everyone on line it is important and vital we thank comcast for playing such a major role thank you for being here it was simple you for being here it was simple a pleasure being here i was just driving around minding my own business. When it came out of nowhere. Suddenly, there were lights all around me. Im like, theyre coming for me yeah, it was crazy. I just never thought theyd find me. Not out here. It doesnt matter where you drive. If you dont buckle up, you will get caught. Cops are cracking down all across the country. Click it or ticket. Hello. Thank you everybody for coming to our launching of the keep chinatown Clean Program im rita executive director with chinese Newcomer Services were very thankful to be funded by the city we want to thank you, mayor ed lee, supervisor christensen the board of supervisors, and office of Economic Workforce Development im sorry oewd office of victim of crime workforce and development is he the department of public works for helping us keep chinatown clean last year, weve been sweeping and power wash the streets in chinatown and this year because of the water cut back we wont be Power Washing but well be sweeping twice a week one the benefits of the program were able to over jobs to some of our newer immigrants that have not job skills and english for some of them their first job in the u. S. A Training Opportunity for everyone this year were asking everyone to step up this is merchant and pedestrians, children, parents everyone who walks along the streets of chinatown can help were providing 2 hundred free garbage cans that people have a place to toss their garbage after they have the paper or finish their drinks some placed to throw it so for the merchants on the street were going to provide garbage cans so they can walk along chinatown and joy enjoy taylor walk and have a place to toss their endanger instead of waiting one or two blocks in addition, were working with 20 volunteer merchant to help to prove their business to help to get ready for the opening of the street. I. Do solemnly swear. Subway it might be helping them get on yelping or putting the signage of wifi or better memos for people that dont speak everyone understand the memo we want the chinatown to be a welcoming place i i dont want to go on too long we have special guests we have honored the mayor mayor ed lee who has done so so much for our city ill let the mayor come and speak and share his ideas thank you very much. clapping. thank you good morning, everyone. Welcome. speaking foreign language. waiverly plays i want to say thank you to rita and the suppressors and the movement of keeping chinatown clean when i first maintained Julie Christensen i knew sheriffs going to be a good supervisor she would lets sit down and talk about the budget thats what the supervisors do they meet with the mayor the budget represented what we want to do a city for each and in this district 3 in the community i know at the heart of supervisor christensens work she want to make sure theres a Robust Resources to side everything we need to do to keep this area and the district lively, robust and support our Small Businesses, our families associations time to have a great chinatown and she made sure because of the central subway and the construction of the Water Systems and the utility systems were going to be very kind of disruptive to chinatown at the very dense populated area i know the merchant have been speaking to her theyve express the same thing to the director of the office of Economic Workforce Development todd and working together particularly with supervisor christensen leadership we identified a number of things we can do but it began with someone everybody in this neighborhood thomas a. Swifts electric rifle taxes bride in the cleanliness of our town with all the dust and breaking up of the road we want to make sure the residents in the Small Businesses receive the benefit of a clean neighborhood and so how does that work we go to our communities based organizations the smart thing about this and the smart thing the supervisor did was to make sure the chinese newcomers led the way not only are reclean power up but hiring residents from this location to do that job when you hire the people to do the job theres a deeper respect not only the streets major corridors that probably have more dust because of the contradiction but each and every historic alleyway calling names all those alleys that i know are famous to the geography and the typography of chinatown were not just residents live and work and the businesses are there but thousand of visitors everyday want to camp come and see the alleyways and see where the future cookie sheriffs deputies shops and the small restaurants and teahouses ross the unique parts of chinatown has to offer as part of the Extraordinary Center it is that is also where hundred if not thousands of people live i know the residents and the seniors appreciate this cleanliness it is to signal what supervisor christensen and i are going on a citywide basis but begins in chinatown getting everybody together lets respect our community and make sure we do that with the talent that is here i know the members of the chinatown Clean Campaign many of them live and participate in an alive way hats off to the to supervisor christensen to make sure that as a priority in here approach to the budget in district 3 and always thinking about the residents of chp and all the district and areas in district 3 but at the same time the Newcomer Service for the incredible work to help your gun points be a full pledge citizenship offering that traditional classes and help people and hold their hands to make sure they understand what to be a fulfill fledge residents thats thats the real story about immigration people want to have paths to citizenship the negativity on the National News the immigrants that come to chp we assist them documented a documented to make sure theyre good participants this this is how we keep our chinatown robust and vibrant thank you to everybody that is here today lets go to work ive got my jacket off well work with our businesses and associations to do so and this is really how the strength of chinatown continues to be thriving our government working together with the businesses and our nonprofits to benefit the residents of this district thank you very much. speaking foreign language. everybody thank you clapping. thank you very much mayor ed lee for carrying out the visioning visions for a better chinatown next our supervisor Julie Christensen in the first three weeks on the job she was out there meeting the merchant to find out to how to improve and help out the merchant no chinatown i know every day shes helpings helping us in our communities thank you so much supervisor christensen clapping. so im just looking around isnt it beautiful the flags are flawing weaverly alley is clean it smells good we want it to be like this amendment so im very, very glad for all this attention as a commitment and supervisor ive been spending a lot of time talking to people knock on over 2 thousand doors in the last couple medias and spending time in chinatown in the buildings and sros and talking to Business Leaders the one thing it always comes up i wish chinatown was cleaner everybody mentioned that the pea mayor is here and oewd and public works to flower the fact we understand this is important it is important to the people that live in chinatown it is important to people like me that live nearby to shop and work and important to the visitors that help to keep our economy strong we know that is an important goal for chinatown im very grateful to the mayor for helping me with the funding to help keep chinatown clean we have extra money going to public works for additional street cleaning and steam cleaning i found guys out on saturday and sent them to a particular spot for more cleaning im grateful to rita and the folks at the chinese newcomer for spearheading this program in their great steward and im grateful for the success in getting from programming going and misrepresenting i see the folks as another partner to keep things clean so i think ive been in office maybe 2 weeks when i was traveling with the reporter florpt of one of the things and a big pizza box on the street i picked up when i see trash on the street the reporter is taking my picture offer it it okay for inform periphery to pick up trash on the sidewalk the truth is yes none of us are too important or too much in a hurry to not do our parting the other things about chinese newcomers we have the city that is going a lot public works picks up 7 tons of trash everyday in our city streets 7 tons public works is working with hard and the mayor and i have gotten extra money for extra cleaning by public works in chinatown and individuals needs to do their part Property Owners need to keep their sidewalk in front of their business and residence criterion so Everybody Needs to pitch in i see Business Owners out with their broom and dust palace out thank you. We as citizens do our part but the chinese newcomers fills in the gaps between the programs and helps to provide he special attention so were grateful for their everyone, Everyone Needs to pick up one piece of trash a day and weave will i alley will look like this amendment thank you for your attention everybody. clapping. thank you so much supervisor christensen and the mayor in making sure we have a Great Community next well to invite todd from the office of Economic Workforce Development their overseeing the program. Thank you rita so much the mission of the office of Economic Workforce Development is to support San Franciscos trying cholesterol corridors and neighborhoods and Small Businesses and hope help to train and prepare the residents for good jobs through the mares job and supervisor christensen oewd is proud we have hundred amend 35,000 to fund the new experience o commerce im assessing it obviously helps to keep chinatown clean for residents and visitors and shoppers as well as the city to enjoy and second it provides Job Opportunities for chinatown residents good job training and Work Experience to prepare them for the workforce in San Francisco but it is a part of i think an important Broader Initiative through the mares leadership and the Mayors Office initiative this excludes direct outreach to San Francisco and chinese merchant francis from the office of Economic Workforce Development speaks mandarin and cantonese is reaching out to more than 9 hundred businesses every quarter visiting and connecting them to resources an important parts there the mayor and prioritization were reaching out to merchant and providing the assistance they need, and, secondly, providing direct assistance to help businesses be stronger investing in Important Programs like helping businesses compile with the americans with disabilities act over a hundred businesses through the mayors leadership and the supervisors Advocacy Program and investing in storefront and on powell and brooding and on stockton and finally focused on helping to drive new traffic newspaper visitors and shoppers to chinatown later actually in october a new program were partnering with c y c is focused on halloween and helping to celebrate halloween here in chinatown another important one im proud the second year were doing the shop chinatown campaign to help local merchants and bring more people to chinatown those are important initiatives that speaks to the marries direction to our office that we need to continue to invest in our neighbors and Small Businesses one final point i want acknowledge and thank to rita on partnering in that Important Program it thank you very much. Chp. Thank you todd and oewd next up we have from the dpw department of public works that helped to clean out streets is stephen is he here. Oh, great, thank you. Im here to work how about the rest of you laura thank you very much mayor ed lee and rita and it takes us altogether lets get to work and pick up the trash thank you. Wait do you want to talk about our 311 program oh, great. This is partial i didnt you probably see here around chinatown and giving violations in none Pay Attention this is how peach i didnt informed dpw about the violation and help them to correct their situations. Hello firstly i dont just give citations we is a whole team to make sure that people know of the codes if tare innovate aware thats when we inform them after several warns we give a citation were not just a citation office there are many ways to report things i see and we do ask people if at the see something to report it firstly the city codes as an this is available on our website but 311, 311 is a free service if you have a smart phone you can download the app for the retirees i can show you later if you speak any kind of language tagalog or whatever if you call 311 and request for the specific language that youd like they can accommodate you if you like to download the app it is free and they are different types of indications if there is a pole toppled over you can take a picture and report it to 311. Can you list the things the kinds of things they can report. It is not yes there are categories they can list types of things that you can report if it isnt there, there is a way to do it as well. The stoplights out. Dimpling a you and street lights out an address not sufficient service broken curbs and situations thank you, mayor. Potholes. Lights that are not working any frovrment anything if if is not in the category theres a way to report it as well. They can download as sf 311. Sf 311 is the app name, again it is free it is blue that yeah has the Golden Gate Bridge it is Golden Gate Bridge and says official at the bottom that is good. Really good. Yeah. A great app. Okay. Thank you so much peach i didnt if i have trouble or not the 311 app go to chinese newcomers facebook and download it we also have for the retirees all the brochures we have passed out to merchants to teach them about the codes and how to compile were thankful to dpw to helping to keep chinatown criterion we all have to help expelling does a good clean up and have someone dump a how long bag of trash at pigeons attack it, it is no use we want everybody to help this year thank you and we have a message from one of our merchants mr. Alumni from the boiling trim hes going to be one of the volunteers to help improve his business and get ready for the opening of the central subway mr. Alumni. speaking foreign language. clapping. so thank you, mr. Alumni he actually haves wifi if his restaurants noticing nobody know see about it it smaller than the Business Cards well help everybody to get the word out to hang out in a place to rest and going to have jenny our ambassador say a couple of words we cant have all our street cleaners come up shell say a few wor few words. speaking foreign language. clapping. thank you so much and jenny thanks to our mayor ed lee and supervisor christensen for all the work just a couple of words from our president of the board albert tan. Good morning and welcome im the president of the chinese Newcomers Center on behalf of the center im here to show our support our city mayor, mayor ed lee and supervisor julie to continue to supports and funding of this program this program is virtually to the newly immigrants to provide a job while their locking to generate more revenue for the city to keep chinatown clean and more tourists doing theyre shopping and diane so we both have an vantage on this we sincere since this proposal is running successfully as the mayor and julie and we have to keep both in the office okay. Thank you very much laughter clapping . Great, thank you al better again, we cannot thank mayor ed lee and supervisor christensen for working together on those programs so we will okay. This is our prototype next week well be giving out the free trash can for the merchant to everybody is on board to keep chinatown clcl test, test, test, test, test test. Interviewer with the recording equipment in the room please rise for the pledge of allegian allegiance allegiance of america and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. President loving tuition id like to call roll at this time. President loftus oh, here laughter commissioner turman commissioner marshall commissioner dejesus commissioner mazzucco