However, members will be participating in the meeting remotely at the same extent as if they were physically present. Public comment will be available for each item on this agenda, both channel 26 and sfgov tv. Org are supreming the number across the screen. Each speaker will be allowed two minutes to speak. Comments during Public Comment are available via phone by calling 888 2045984. Access code 3501008. Then press pound and pound again. When you are connected, dial 1 and then zero to be added hot to the queue to speak. The system will be silent. The calling system will notify you when youre in line and waiting. All carers will all callers will remain on mute. Best practices are to call from a quiet location, speak clearly and slowly and turn down your streaming device or radio. Alternatively, you may submit Public Comment either of the following ways, email me victor jung clerk of the rules committee. If you submit Public Comment by email, it will be included in the legislative file as part of meeting. Finally, items acted upon today will appear on the board of supervisors agenda on may excuse me. May 19th, unless otherwise stated. That completes my comments. Commissioner ronen thank you so much. And request you please read item number 1. Clerk item number 1 a hearing to consider appointing three members, term ending december 1st, 2023ed to Soma Community Stabilization Fund Community Advisory committee. Commissioner ronen wonderful. And i know that abby is here to speak on behalf of supervisor haney. Would you like to speak now or after the candidates have a chance to speak . Now is good, chair ronen. Commissioner sure. My name is abby rivamontemesa. Thank you for all of the applicants that applied to the Stabilization Fund and for those that are able to join us today. Briefly for some background, i know that this matter has appeared before the rules committee a couple different times now. But just quickly, the Soma Community Stabilization Fund was created in 2005. The mission of the Soma Community Stabilization Fund is to stabilize a community and promote equity through funding recommendations and priorities. That mitigate the impact of development. Today we have the following alternate seats remaining, that are open for consideration. Seat 8 for this seat the applicant must meet the minimum qualifications of being a senior or disabled. Seat 12, for this seat the applicant must have Small Business expertise and a familiarity with the soma neighborhood. And for seat 13, the applicant must have experience serving lowincome residents. Chair ronen, that concludes my initial comments. Commissioner ronen okay, great. Now we will hear from the applicants. We have three misconducts shan applicants Shannon Amitin, marke bieschke and lorezno listana. In any order that works for you. Victor. Clerk mr. Coe, can you unmute the first applicant. Mr. Coe . You should be hearing mr. Listana now. Good morning, supervisors. My name is lorezno listana. Thank you for the time that youre giving me today. So i live in the lowincome housing in the south of market neighborhood since 2018. But prior to moving to soma, my family had lived in the tenderloin for 12 years. I work as a commuter since 2010. I have worked closely with lowincome residents, seniors, working class families on issues like Affordable Housing, immigration, jobs, Public Safety, evictions and gentrification. I believe my experience in working with lowincome residents in soma and, of course, the tenderloin for many years, is my biggest qualification that fits me with this. As an organizer, i founded and cofounded five Community Base residentled organizations. Now working to help the problems in the community. So i founded the Tenderloin Community association in 2010. It will be turning ten years this year. Yeah. So i cofounded the congress in 2015 with the late shane hewitt. I organized the Residents Assembly and cofounded the Filipino Community Development Corporation in 2017, the only Filipino Community Organization Corporation that focuses on Affordable Housing, development. So last year i organized the soma neighborhood resident council. Its an organization in soma. All of these organizations are actively working on issues to help lowincome in our community. So if given the opportunity to be a member of the soma c. A. C. , id like to help the committee with the lowincome residents in soma. And to bring to the attention of the Committee Issues that are important to them, such as Affordable Housing, focusing on how to preserve gentrification in soma and to fight against eviction. I will also work with residents of the administration to help Public Safety and especially on 6th street. And local hiring. And lastly supporting neighborhood events and programs under soma filipinos, that brings people together as one community. So i hope, you know, my work and my experience in working with lowincome residents would be given a chance to be able to serve in the community, so that i can bring, you know, my experience and the interests of the people that i care about. And so that they will be wherever they go me representing the lowincome residents in soma. So thank you so much. Supervisor ronen thank you so much. Thanks for your willingness to serve in this capacity. Is there any questions for mr. Listana . Seeing none, i think we can move on to the next applicant. Good morning, supervisors. My name is marke bieschke, im known as markey b. In the community. Im a queer member of which banded together with the oldest queer population. As a business in soma, thousands of hours in the neighborhood getting to know other business owners, artists, musicians, performers and workers. As a regular journalist, i spent 25 years documenting the culture and history of soma, including publishing hundreds of articles of the local and international area. As a banker, publications which documents soma history and changes. Its very close to my heart. I have danced, deejayed, performed and enriched myself in somas culture. Ive been involved in such festivities as the Howard Street fair, folsom street fair, which i helped document the events as well as participate in. As an adviser on the committee, id like to represent the Small Business, especially with the crisis were going through right now. I definitely want to help promote historical character of the neighborhood, as well as help preserve somas diversity and wonderful events, by helping to figure out ways through this challenging time. I think despite all of the bad going on, a fresh opportunity is to keep soma thriving as a diverse and social neighborhood. Thank you so much for considering me. Supervisor ronen thank you markey b. Its good to hear your voice. Is there any questions . Seeing none, thanks again for your willingness to serve. And did Shannon Amitin join us yet . Clerk no, she has not called in. Supervisor ronen okay. Then if theres no questions or comments from my colleagues, i wanted to turn it back to miss rivamontemesa to see if supervisor haney had any recommendations for us. Thank you, chair ronen. Supervisor haney would like to recommend for seat 12, marke bieschke and for seat 13 lorezno listana. Wed like to keep seat 8 open for an applicant that has qualifications as being a senior or disabled. Thank you. Supervisor ronen thank you very much. Well, i am happy to make that motion to move forward with positive recommendations. Clerk did we have Public Comment . Supervisor ronen absolutely. Im so sorry. I will now open this up for Public Comment. Yes. Were checking to see if any callers are in the queue. Mr. Bell, please let us if any callers are ready. Please press one and zero to speak for this item. For those already on hold in this queue, please continue to wait until youre prompted to begin at the beep. For those who are watching our meeting on s. F. Cable channel 26 or sfgov tv, follow the instructions on your screen, dial 888 2045984. Enter the access code of 3501008. Then press the pound symbol twice and then press one and zero to enter into the queue to speak. Mr. Bell, any members of the public wishing to speak at this time . We are having a temporary delay. We are trying to reconnect to the Public Comment line. If you dont mind holding for a moment. Supervisor ronen sure, no problem. Ill just take the opportunity to thank our amazing clerks office. Theyre performing heroic work digitally during this time. Thank you so much, mr. Young, mr. Coe, mr. Sea. Mr. Bell. Were still checking at the moment. Madam chair, this is alisha. Were having issues reconnecting the Public Comment line. May i suggest you may want to move on to the next item and hear from those applicants and we can come back to voting on item number 1 after we reconnect. Supervisor ronen that sounds like a great idea. Okay. Thank you so much. So if the clerk could please read item number 2. Clerk yes. Item number 2 is a motion approving rejecting the president of the board of supervisorser inman yees nomination of deland chan to the Planning Commission to a term ending july 1st, 2022. Supervisor ronen wonderful. Im assumeing miss chan is on the line. I want to congratulate you on your nomination. I was so impressed with your approach to urban planning and look very much to hearing from you today. Would you like to start off with a few words . Excuse me. Supervisor ronen yes. I had no idea you were here, mr. President. Im so sorry. Before ms. Chan, before you do that, i wanted to see if our president of the board of, who nominated you, had any words to share with us to start us off. Thank you, chair ronen. I generally do not do this, where i will come before the rules committee to speak on behalf of somebody i nominated. But since i was going to speak on item 23 anyways, i thought i would take advantage of this opportunity. Because i feel like anybody can speak clearly for themselves. But as it is, you know i think my colleagues on the board know that i really want to, if i have the opportunities, to diversify as much as possible our commissions, whether its gender or ethnicity and other ways to diversify. And in the past, we have seen many commissions that are sorely lacking in diversity and perspectives. So were really proud. I mean, that recently ive been able to do this. And today in front of you, at the rules committee, i dont think its any different. Deland is somebody that and several other people that i interviewed for this position. Many highly qualified, but what came top me for was deland. Her background and her perspective shared by many of us. Shes she has much experience in the Community Working for ccbc as a senior planner. And worked with the community to do outroach and felt like it was really important for her to involve people in the community in the decision making. Seems to be something thats very out part of d. N. A. So its something that i really appreciate. And her many of us have carried that in terms of our values. But very few of us have excelled beyond that, in the academics. And for urban planner, she studied and continues to study and actually shes at stanford at this point. Trying to get her ph. D. In this area. And shes lecturing down there. So we have somebody with the experience that she brings in and willing to serve our community, its almost like a nobrainer to me. And so i hope that you will find her the way i find her to be very great for the commission. Chair ronen, supervisors, i want to thank you for allowing me to say a few words about deland. And i hope that i will get your support and her nomination. Thank you very much. Supervisor ronen thank you very much, mr. President. And with those beautiful words of introduction, looking forward to hearing from you, ms. Chan. Hi, good morning. Eye name is deland chan. Thank you, president yee, for the introduction. And thank you chair ronen and supervisor stefani and mar for the student to hear more about my background and my hope to serve on the Planning Commission. So as you know i train as an urban planner, i was a daughter of immigrants, born and raised in new york city. My Early Experiences of growing up in Public Housing, taking the bus and the subway to school every day, sparked for me a desire to study cities to really understand how decisions about how housing and land use are made. Its left a deep impression on me and thinking in that cities are successful when theyre inclusive and work for all people. As a planner with the chinatown Community Development center, i worked on land use and transportation issues. I was involved with designing to engage Public Housing residents and chinesespeaking seniors to participate in streetscapes and Pedestrian Safety projects. The the population part of a planning process. This work, i aim to put the tools of planning directly in the hands of those who are most familiar with. I teach in the program on urban studies at stanford, where i continue to build and nurture the pipeline of future planners. In my class, i encourage students to go out directly into the field, so they can learn from the communities on the ground and have a commitment. Im also pursuing a ph. D. In urban development and my research is on exceeding the process of urban planning and understanding participatory planning practices in the communities. Should i be appointed to the Planning Commission, i would be excited to bring an equity to the planning of the body. I hope to continue the work of exemplifying perspectives from low income and communities of color, that have not always been well represented in the process. A combination of my lived experiences, academic backgrounds, work experience, and a perspective to the Planning Commission. Thank you supervisors for considering my nomination. And with that im happy to answer any questions you may have. Supervisor ronen thank you. Supervisors mar and stefani, do you have any questions . Supervisor mar chair ronen, thank you. First of all, i just wanted to thank president yee for putting forward such or nominating such an impressive candidate for the Planning Commission, which is, you know, such a critically important decisionmaking body in our city. And then also thank miss chan for your willingness to serve in this important body. You know, i think you obviously have been really impressive and bring so much in terms of your academic and community experience. And even your lived experience as youve mentioned, to bring important capacities and experiences to the Planning Commission and the decisions. I just had, you know, a few questions. I, you know, interested in hearing a little bit more about your thinking or your approach to the, you know, the big issue facing our issue, that Planning Commission plays, the Housing Affordability crisis. And, yeah, just would like to your hear thoughts about that. And particularly, you know, your ideas on how we could address Housing Affordability here in our city. And the role that marketrate housing and commercial Development Play in that. Thank you, supervisor mar, for that question. I think as a San Francisco resident, there is probably no one in the city who is not impacted by the lack of Housing Affordability. As part of my hopeful role on the commission, we are kind of starting up the new Regional Housing assessment, through the association of the bay area government. Thats leading into the Housing Element, in which the Planning Commission will have an advisory for that. I really do think weve seen considering the different types of data out there and make thoughtful decisions about how to push for Equitable Development as far as policies go. I think if you look at kind of the data around kind of production of housing, you know, the Housing Element calls for 6 of all new housing to be affordable to households. And from my understand, we are not currently fielding active targets. I think one thing ill be really interested in doing is to kind of understand the different types of Housing Units that would be necessary in order to meet the needs of various income levels. Supervisor mar thank you. Yeah. Thank you for that. And another question i have is what are your thoughts about the role of the west side of San Francisco in helping to address the Housing Affordability crisis and accommodate more housing development, particularly Housing Affordability. We really need to approach this with a nuance lens and working with the board of supervisors to really understand just the different perspectives around this issue. I think we also have these perceptions of homeowners or certain committees, i think that many of us come from multifaceted backgrounds. We have different perspectives. My first initial approach to this, is the history of the plans has been currently, you know, addressed. I think theres the Advisory Committee and so forth that has a lot of input. Its important to look at that. And also just understand the wide section thats involved moving forward. Supervisor mar thank you so much, miss chan. Chair ronen, i dont have any other questions. Supervisor ronen thank you. Who has the chicken at home . Supervisor stefani. Supervisor stefani yes, thank you, chair ronen. I dont have any questions for miss chan. I think shes more than qualified and im excited about her nomination. I just want to thank president yee for putting forward an individual who is not only knowledgeable about urban planning, but knows the experience of renters in San Francisco. And also someone who is deeply committed to engaging with communities during the planning process. I think thats extremely important to work with communities that are affected by our decisions. And i wanted to thank miss chan for her willingness to serve, you know, with other new members on the board i mean, on the Planning Commission and a new planning director. And really the difficulties that were going to be facing as we come out of this pandemic. It will certainly be i think a dynamic time to be on the Planning Commission. And i appreciate your willingness to step up. I guess i dont have any questions. And i am very excited to support this appointment. So thats all i have. Thank you, chair ronen. Supervisor ronen thank you so much, supervisor stefani. I would love to echo your words. I want to thank you, president yee, for such for nominating such a strong candidate to serve in this role. And i just have one question for you, miss chan. I serve as San Franciscos representative or one of two of San Franciscos representative on the metropolitan transportation commission. And im very interested in seeing Regional Planning for transitoriented development, as long as Economic Equity is an integral goal of any again forking or regulatory changes. Im wondering what do you see, if any, potential risks of vulnerable communities and what would you like to see as we embark on this planning endeavor . Thank you, chair ronen, for that question. Yeah. I definitely think the m. T. C. Has officially classified communities of concern that are at risk for the safety pressure as a result of transitoriented development. I think moving forward, i would ask that we consider the full range of data thats roundtable out there. I think the houseing, jobs and analysis can one way to match the types of housing to the affordability levels of workers, right. So i think the more that were able to have a tight necklace to connect the types of housing to those who live in them, thats equity as part of our conversation. Supervisor ronen okay. Great. Thank you. I appreciate that. I really look forward to working with you and connecting the work of the m. T. C. To the work of the Planning Commission more directly. So with that, if theres no more questions or comments, i wanted to see if weve got the line back up for Public Comment. Madam chair, yes, we do have the line reconnected. We would like to know do you want to take Public Comment for both items or just one and then the second separate . Supervisor ronen why dont we just take Public Comment for either or both items. Okay. Arthur, can you please queue them up. Victor, make your announcements, im sorry. Clerk yes. Madam chair, were checking to see if there are any callers in the queue. For those who are already connected to our meeting via phone, please press one and zero for item 1 or item 2. For those on hold in the queue, please continue to wait until you are prompted to begin at the beep. For those who are watching our meeting on San Francisco cable channel 26 or via streaming link or sfgovtv. Org, if you wish to speak on this item, please call in by following the instructions on your screen. Dial 888 2045984. Enter access code 3501008. Press symbol twice. When you do begin to speak, please identify whether youre speaking on item 1 or item 2. That completes my announcements. Supervisor ronen thank you. Feel free to begin. You have eight questions remaining. Hello. Good morning, supervisors. Im speaking about item number 1 on the meeting approximately my name is john cart and ill be speaking to marke bieschke as a candidate to the Advisory Committee. Both of my jobs are in soma, the stub bar, and additionally after residing residing in soma at 6th street, a fair amount of my life continues to center in the soma neighborhood. Marke is, of course, a fellow cooperative member and worker over at the bar. And it was his eye and care for community that led to him rescuing this important soma business. Mark saw the needs a a specific space, but the whole ecosystem nightlife venues. His ability to see a larger picture always impresses me. This will no doubt be applied to his care for the communities that live and the businesses that work in soma. Mark is a leader in the community, his journalistic endeavors show a place for people, po values fairness and i fully would like to recommend him as a valuable member to the committee. Thank you. Supervisor ronen thank you so much. Next speaker. Operator you have eight questions remaining. Supervisors, can channel 10 Community Development center, speaking on item number 2. I, you know, deland has explained and talked about her altercation and shes shared them with you. I want to focus on something thats really important to me and i think to the Community Members, which is delands willingness to share her expertise with people and young people. Deland was a Founding Member of the china town urban institute, which was a Summer Program that helped young people both in high school and college to learn about urban planning and learn about what it took to apply kind of Community Work to the urban planning lingo and the urban planning, you know, framework. And so we have incredible need for people like deland on the Planning Commission, that are willing to share their expertise, their knowledge, their ability and their incredible intelligence with the community. So that we can ensure that as a Planning Commissioner is not insulated, is not alienated, but is part of the broader community. And is hearing, listening and giving back to the community. And deland is going to be amazing, amazing commissioner because of her dedication to sharing and to teaching and thats something that we really, really need. Thank you very much. Supervisor ronen thank you so much. Next speaker, please. Operator you have seven questions remaining. Caller honorable supervisors, good morning. My name is im speaking on item 2. I am one of professor deland chans former students. I met deland four years ago as a freshman in her sustain it will be cities class. Deland provided mentorship to me as i tried to put human cities planning into my education. She invited me to events hosted by the human cities initiatives. When i took International Urbanization my junior year, she guided us through beijing and the bay area under social justice oriented framework. In the spring of that year, we worked on a oneday workshop on spatial segregation in santiago, chile. I was one of the teaching assistants for delands defining smart cities class. Aside from these educational collaborations, deland continues to mentor me formally as my major adviser for international relations. Her many years of mentorship have encouraged me to explore my curiosity in equitable urban planning for all people. And on stanfords campus, many of delands students, including me, have started the Stanford Coalition for planning equitable 2035. The coalition to hold stanford accountable for sustainable and Equitable Development in the 2018 generaluse permit process. Deland is an example of diligent mentorship in teaching. She shows me the ropes of meaningful and equitable scholarship in research. As an aspiring firstgeneration lowincome vietnamese american student and hopefully urban planning, im inspired to be mentored by another woman of color from a working class family. And finally, i admire delands humble and softspoken intelligence. She nurtured a different style of leadership thats necessary for our complex world. Shes vocal and assertive in the necessary moments about equity. Thank you. Supervisor ronen thank you so much. Thank you. Next speaker, please. Operator you have six questions remaining. Caller honorable supervisors ronen, stefani and mar. My name is john and im speaking on item 2 on behalf of a group of professor deland chans former students at stanford university. As students who have taken classes, seminars and field studies with professor chan, we have benefited firsthand from her valuesdriven approach. She has taught many of us the importance of holistic communitydriven planning, the need for diversity in planning and the role of empathy and common understanding in our diverse cities. Urban planning is a complex process. Professor chan navigates and builds connections across the lens, across the academic practice, across backgrounds and across urban context. She has taught interdisciplinary classes, drawing students from environmental students, engineering, deland manages to make urban planning a relevant and important topic across the student body. Professor chan incorporates projectbased learning to ensure that students apply theory to action on tangible issues. Many of those classes she teaches are communityengaged learning courses, i in which students are paired with community directors. Professor chan is able to meet students where they are and guide them to develop empathy and understanding of the disparities in urban communities she looks at the global complex, through initiatives such as the urbanization seminar, students have collaborated across the world to learn from different contexts. Professor chans positive influence on students is undeniable. Many of her students have gone on to pursue planning and governancerelated work as City Planners and organizers, including San Francisco fellow, the housing commissioner and more. We strongly recommend deland chan for the San Francisco Planning Commission. She has the principles necessary to serve San Franciscos communities well. Thank you for your time. Supervisor ronen thank you so much. Next speaker, please. Operator you have five yeses remaining. Caller good morning, supervisors. My name is rosa and im speaking on behalf of transportation improvement projects. We are excited that deland is being nominated for the Planning Commission. We are work in china town has been vital for the Community Members, from making our streets safer for all. I was just a High School Student when i first met deland at a workshop and shes inspired many youth, including me, to pursue urban studies and planning. We are still reaping the benefit she has given to the community and although she doesnt work in china town any more, she still comes back and always inspires a younger generation. Shes seen different issues in different perspectives, especially for the marginalized community. China town has the pleasure of working with her on all of the transportation issues in china town during her time in china town c. B. C. Shes highly qualified and were very pleased and pleasured that she is being nominated for the Planning Commission. Thank you. Supervisor ronen thank you so much. Next speaker, please. Operator you have five questions remaining. Caller im going to be speaking on item number 2. Good morning, supervisors. My name is mage dond. Im the Youth Commissioner on the San Francisco Youth Commission and a little an urban planning student at San Francisco state. I am here to support the nomination of deland chan to the Planning Commission. I remember meeting deland back in high school, way before i even knew what urban planning was. Her work dedication to everybodying the community really inspired me to pursue planning and im also grateful to have been a part of urban Institute Last summer, which was developed and taught by her. I think deland will be a very valuable will be very valuable to the Planning Commission. Thank you. Supervisor ronen thank you so much. Next speaker. Operator you have four questions remaining. Supervisor ronen go ahead. Clerk speaker, are you on the line . Supervisor ronen should we go to the next speaker . Operator you have three questions remaining. Caller good morning, supervisors. Good morning, chair ronen. My name is john and ill be speaking on item number 2. I am with the race and social equity coalition. Im also the Vice President of quattro and a Mission District native. Our race and social equate coalition is a crosssector grouping of organizations that represents a diverse mix of communities of color throughout the city and intent on advancing racial and social equity. We truly strive to better the lives of our constituents, as well as the health, sustainability and vibrancy of San Francisco. As advocates, organizers, Service Providers and community planners, we are all collectively organizing people of color and working families in San Francisco through the advocacy of Equitable Development, Affordable Housing and environmental justice, economic development, and immigrant rights. Our communities are looking for authentic leadership at the Planning Commission and were looking for vision of a deep understanding of Regional Planning and someone who can actually see beyond the exterior of the architecture of our citys buildings and into the history and narratives of the people who for generations created and recreated our neighborhoods. We are a 20member citywide coalition. And we are very proud of the fact that we have somebody that has these deep values that we cherish as a nominee for the Planning Commission. I have always kind of seen it as you can tell a lot about a person through their and their leadership through those that theyve helped bring up around them. And i think that deland has that quality of wanting to teach others what she knows and break down what is a very complex world of land use and planning. And i think that her professional accolades shows that she is beyond qualified. But its also the personal connection and her upbringing that makes her of great value to the city and county of San Francisco. And a real ally for those communities that need the most help. So we are clerk your time has lapsed. Supervisor ronen thank you so much. Operator you have two questions remaining. Supervisor ronen next speaker. Caller hello, my name is david. Im speaking on item number 1 in support of the nomination to the Stabilization Fund c. A. C. Someone who works in Affordable Housing housing development, im familiar with Stabilization Fund and its importance to the Soma Community. And as markes husband, im not the impartial speaker, but directly familiar with his work and his commitment to issues of social justice into the Soma Community. Marke brought me in to participate in the rescuing the soma legacy business almost forceed into a closure. They want to make San Francisco special, both its people and its community institutions. Particular interest in music and nightlife, which in San Francisco have been heavily focused in the soma neighborhood. Markes involvement wanted to make sure a business that has served the community for 53 years remains a Gathering Place for queer san franciscans of all gender. They acknowledged the importance to the city by recognizing as a legacy business. Marke has been a strong advocate for marginalized communities in San Francisco and preserving the diversity that are the citys hallmark. I think he would be a fantastic member of the Stabilization Fund and i recommend that you support his nomination. Thank you very much. Supervisor ronen thank you so much. Next speaker, please. Operator you have one question remaining. Caller good morning, chair ronen, supervisor stefani and supervisor mar. My name is jury me lee. Im the club would like to express our full support of deland chan to the San Francisco Planning Commission. As an organization working to elevate the voices of asianpacific islander residents in San Francisco, rcdc can think of no better candidate than deland chan to serve the city. And represent its diverse communities. Deland has the Technical Knowledge to address complex landuse issues and understands the struggles of marginalized groups. Through her years of work within the china town community, she understands the impact of a thoughtful and centered planning process. Deland chan knows that people in the community belong at the center of this process. The core stands for community, we strive to support individuals that best represent the collective voices of others and as a child of immigrants, a woman and a person of color, deland chan would be an excellent choice for the Planning Commission. Rcdc gives their full pour and we ask the rules Committee Support her nomination. Thank you. Supervisor ronen thank you so much. Is there any other Public Comment . Operator you have zero questions remaining. Supervisor ronen wonderful. Thanks for all the Public Comment. I will start with item number 1. And i would like to make a motion to appoint marke bieschke to seat 12. And lorezno listana to seat 13, with positive recommendation. Can we take a roll call vote . Clerk yes. On that motion, one moment. On that motion, supervisor stefani . Supervisor stefani aye. Clerk supervisor mar . Supervisor mar aye. Clerk chair ronen . Supervisor ronen aye. Clerk the motion passes. Supervisor ronen thank you so much. And i wanted to give one of my colleagues honors of making the motion for item number 2. Id be happy to do that, chair ronen. I would like to make a motion to amend the language deleting the word rejecting. And then move that we recommend approval of the appointment of board of supervisors president norman yees recommendation of deland chan to the Planning Commission. Supervisor ronen can we have a roll call vote . Clerk yes. On that motion, supervisor stefani . Supervisor stefani aye. Clerk supervisor mar . Supervisor mar aye. Clerk chair ronen. Supervisor ronen aye. The motion passes. The matter will be amended to remove rejecting throughout the legislation and to recommend to the full board. Supervisor ronen wonderful. Thank you so much to all of the applicants and to those. Congratulations to those who have been moved forward. Were so appreciative of your willingness to work so hard for our city. Thank you so much. And mr. Clerk, can you please read item number 3. Clerk item number 3 is ordinances amending the administrative code to extend the sunset date for the balboa reservoir Community Advisory committee from may 8th, 2020 to july 1 of the, 2021 and require the Advisory Committee to provide Community Input after development entitlements have been issued. Supervisor ronen president yee. Supervisor yee thank you, chair ronen. And thank you members of the board of rules committee. Im sorry. The rules committee. For supporting my nominee. To the Planning Commission. As many of you, i started the balboa reservoir Advisory Committee in 2015. To help basically shift out the compensation about a potential project on the balboa reservoir site. Before the committee was formed, it was very clear that we were not going to make it any progress when people were shouting over each other, meeting after meeting. Temperature felt pretty pointless. City staff was trying to take notes and it seems like what i see from those type of meetings, didnt really didnt really reflect what people were saying. Its almost like whatever staff wanted to hear themselves. Before the committee was formed, the committee by their structure and the way for the neighbors, most immediately impacted like sunnyside, Westwood Park and city college to have representatives to help shape a set of principles and parameters that ultimately led to selection of the developer. And now the project proposal that is moving through the city review process. And the committee since then, since last friday may 8th, the original time was to stay active through entitlements. But the project titles is moving into august of this year. The committee and the members of the public have asked for an extension of this particular c. A. C. We started the process before the health emergency. But, of course, everything nonurgent took a pause. The projects final Environmental Impact report general plan amendment, special use district, Development Agreement, and other projectrelated reviews are scheduled to be going before the Planning Commission on may thursday, may 28th. The committee is planning to hold a meeting before then to discuss the project. I also know that this committee will be very busy over the next few months, as we continue to discuss the specialuse district and the Development Agreement that the board of supervisors will be weighing in on later this year. It is my commitment to work with them to bring forward the strongest project possible and address the concerns that many of them have brought forward. I want to make it very clear to the public that this committee will continue to be in existence, not just throughout the rest of this project review phase, but until next i want this to continue until next jul. If the project is eventually approved, i believe that it is the best interest of the neighbors in the Community Members to have the committee continue its service to ensure active communication engagement with the developer in this next phase, including construction and other types of litigation. I want to take the community to thank the members of the balboa Reservoir Committee Advisory Committee for all of their services. And for the staff who have really made the process as engaging as possible. I have heard many times that this is a model for public input. And i am proud of that. Chair ronen, i have a set of nine substantive amendments to offer and hope that you can support this. The amendment is to ensure that once the legislation is enacted, that it will retroactively recognize the Community Advisory committee. Since theres a bit of a lapse in time from the original sunset date and to the new date, which they have extended. It is the extension. Im also i also respectfully request for this item to be heard as a Committee Report for tomorrow. So we can continue to move this legislation forward. Thank you. And i hope to count on your support. If you have any questions, let me know. Supervisor ronen thank you so much, president yee. Is there any questions for president yee . Seeing none, well open this item up for Public Comment. Clerk madam chair, operations is checking to see if there are callers in the queue. , for who have already connected via telephone, please press one and zero to be added to the uaw. To speak for this item. For those already on hold in the queue, please continue to wait until youre prompted to begin at the beep. For those who are watching our meeting on s. F. Cable channel 26 or via streaming link or sfgovtv. Org, if you wish to speak on this item, please call in by following the instructions on your screen. Dial 888 2045984 and enter the access code of 3501008. Press the symboltwiceandoneandzero to enter the queue to speak. Are there any members of the public ready to speak . Operator you have one question remaining. Supervisor ronen good morning, speaker. Feel free to begin. Caller thank you. This is for item number 2. Am i still able to speak on it . Supervisor ronen im sorry. You skipped that period. The good news is deland chan was recommended with unanimous support. So thank you so much. Caller okay. Thank you. Thank you. Supervisor ronen thank you. Operator you have zero questions remaining. Supervisor ronen with that, Public Comment is closed. And id like to make a motion to adopt the amendments presented by president yee. Can we take a roll call on the motion . Clerk on the motion to amend the legislation as proposed by president yee, supervisor stefani. Supervisor stefani aye. Clerk supervisor mar . Supervisor mar aye. Clerk chair ronen . Supervisor ronen aye. Clerk the motion passes yes. The motion passes to adopt the amendments. Supervisor ronen thank you so much. And now id like to make a motion to floor the amended file to the full board at the Committee Report, with a recommendation to approve. And can you take a roll call vote on that motion. Clerk on that motion, supervisor stefani . Supervisor stefani aye. Clerk supervisor mar . Supervisor mar aye. Clerk chair ronen . Supervisor ronen aye. Clerk the motion passes. Supervisor ronen thank you so much. Thank you, president yee. Supervisor yee thank you so much. Ill seal you all tomorrow. Supervisor ronen see you tomorrow. Mr. Clerk, is there any other items . Clerk that completes the agenda for today. Supervisor ronen thank you so much. The meeting is adjourned. This is a meeting of the bothered of appeals. Ann lazarus will be the chair, joined by rick swig, darryl honda. At the control of the boards Legal Process clerk, we will also be joined by representatives of the city departments who have cases before the board this evening. The board requests that you turn off or silence all phones or other Electronic Devices so they will not disturb the meetings. Parties are given seven minutes to present their case and three minutes for rebuttals. Members of the public who are not affiliated with the parties have up to three minutes each to address the board and no rebuttal. For jurisdiction and rehearing requests, the parties shaf three minutes to present their case with no rebuttal. Four votes are required to grant an appeal or modify a permit. If you have questions about requesting a rehearing, please email board staff. This is broadcast on sfgov tv on channel 26. The video is also available on our website. Now we will swear in or affirm all those who intend to testify. Please note that any member of the public may speak without taking an oath. If you intend to testify at any of tonights proceedings and wish the board to give you evidentiary right. Do you swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth. [indiscernible] clerk if you could please put your zoom speaker on mute now. Thank you. Id like to announce that Public Comment will be taken by phone. To block your phone number dial star 68 and then use the toll free number and then the meeting id which is 830767599 and then you enter the participant code which is 442013 and then the password, 442013. When you listen for the Public Comment portion of your item to be called if you would like to speak, you dial star 9, which is the equivalent of raising your hand so we can call on you. Now were moving on to general Public Comment. This is a time for anyone to speak on something that is not on tonights agenda. Is there anyone who would like to speak . Were going to slowly go through this because its a different platform for us. I also wanted to put a reminder out there if youre calling in, please turn down your television so there is no interference. If you called for general Public Comment, please press star 9 now and i can see if you want to speak. Were waiting to see who is online. Please mute your if youre here as part of the meeting, please put your cellphone on mute so we dont have the interference. You can also go ahead and mute them if theyre not doing that. I do not believe we have any general Public Comment. We will now move on to item 2, which is commissioner comments and questions. Commissioners. Well just go slowly through this too. If you would like to say something, please press star 9 if youre a commissioner and you would like to address the public. No . Okay. Im just going to go slowly. One last chance. Any commissioner comments and questions . Okay. Thank you. We are now moving on to item 3, which is adoption of the minutes, commissioners were before you for possible adoption are the minutes of the may 6, 2020, meeting. Commissioners, any changes, deletions, addition to the minutes . No. Is there a motion to approve . I believe that motion was from Vice President honda to approve the minutes from may 6. On that motion. [ roll call ]. So that motion carries 40 and the minutes are adopted. We are now moving on to item number 4 and i would like to provide a reminder from president lazarus that pursuant to article 5, section 10 of the boards rules, the commissioners role is to determine whether or not the city intentionally or inadvertently caused the requester to be late in filing the appeal. Item number 4 is jurisdiction request number 203, subject property at 3340 geary boulevard. Letter from five stars investments l. L. C. , requestor, asking that the board take jurisdiction over alteration permit number 2019 06 28 4655 u. S. Postal code service. Which was issued on june 28, 2019. The appeal period ended on july 15, 2019, and the jurisdiction request was filed at the board office on april 24, 2020. Determination holder jalal nasser. Permit description for Planning Department purposes to document provide two additional Parking Spaces at rear of property in nc3 zone for residence usage only; no construction work performed. Scrpt. The participation in a law firm that i have dealings with will not have any effect on my decision. Is mr. Conolly present . I am. Thank you. If we could put him on spotlight, that would be great, please, alex. Alex . Yeah, im trying to find him. Alex, are you able to put him on spotlight . Hes on the lower left. Which one is it . Patrick conolly. Hes on the lower left. Right here, me. Thank you. Thank you. Mr. Conolly, please proceed. You have three minutes. Good afternoon, everyone. Madam president and distinguished members of the board. My name is Patrick Conolly and im the attorney for the owner of the property at 3340 geary boulevard. The owner is five stars investments l. L. C. The owners, as well as the project architect, Jonathan Pearlman are in attendance at this meeting. We are here on a jurisdiction request on a permit issued to the permit holder for mr. Nasser for a parking in his rear yard at 3340 geary boulevard. Thats the adjacent property to my clients property. Let me give you background. My client five stars investments l. L. C. Bought the property approximately three years ago, the property at 3340 geary. They were alerted that mr. Nasser was conducting a parking business in his back yard, sometimes covering every square foot. Some cars were only parked there during the work day, such that they understood the parking was being rented to local businesses. Sometimes the only way for them to access the parking was to drive on a driveway of 3330 geary. And five stars objected to this. When mr. Nasser refused to cease the illegal operation, five stars constructed a fence on its property on june 2018, which made it impossible for mr. Nasser to continue his illegal business. Fastforward to a few months ago when five stars happened to discover the subject permit. They discovered it by looking at the information map. The permit was kept secret by mr. Nasser. Its apparent why five stars is late in filing its appeal. It had no knowledge of the application or the permit. Why was five stars late, because of the action or inaction of the city. When mr. Nasser applied for his permit, the documents he filed with the city established that he knew the permit necessarily involved the use of my my clients property. Im going to try to share a document with you. Are you able to see this on my screen . When you look at this document, this is a site vicinity plan submitted to the city on june 20, 2018. As you see here, it shows the parcels in the middle and it shows mr. Nassers property here with cross hatches. Beside it on the other side of the Property Line, there is a line and an arrow. This is on my clients property on 3330 geary. It shows that as part of this permit what was filed with the city, that use of my clients property was necessary for the permit and the city knew the use of my clients property was necessary for this permit. Wait a second. When the permit uses the property of another Property Owner, the city has to request documentation from the Property Owner from the permit applier of permission to use the property. They needed a written or signed easement or license agreement or, at a minimum, from the owner of signed by 3330 geary. No such letter was provided and theres no letter in the citys file. The cause of the delay was that the city didnt ask for the required documentation. Thank you, mr. Conolly. In the event a commissioner has a question, you can raise your hand and i will call on you. Im not seeing a hand raised. We will move on to mr. Justin zucker, the attorney for the permit holder. Mr. Zucker. You have three minutes and alex will give you a 30second warning. Good afternoon. Im here on behalf of the permit holder. The jurisdiction request is what the city did. In this case, the city did not intentionally or inadvertently cause the appellant to be late. That is the single question to be addressed by the board, whether the city caused the appellant to be delayed, inadvertently or intentionally in filing their appeal. The city did not. They are arguing much of the merits of their case but present no evidence about how the city inadvertently or intentionally caused them to be delayed in filing the appeal. In this case for this permit, no neighborhood notices were required. There was no error in notice. Furthermore, as acknowledged by the appellants in their brief, they concede that mr. Jalal has been using the rear of his property for parking. This has been a longstanding use. It was only recently when mr. Jalal came to know he needed a permit to park in the rear. Upon learning that, he submitted the permit for the parking in the rear. There is a shed in the rear of the property that may not have been permitted. Notwithstanding that that shed was not permitted does not impact what the city did or did not do with respect to this permit for the parking in the rear. It does not say whether or not they caused the appellant to be delayed in their appeal. The heart of this request seems to be about an access easement for mr. Jalal to access the rear of his property. That is a civil matter left to the courts to adjudicate. Like a previous jurisdiction request that this board heard in august of last year, 141 to 143 albion which also addressed an easement, we strongly request that this board deny the request and allow the Building Permit for the parking to proceed and allow any issues with the easement to go forward. Thank you. I have concluded my presentation and the permit and i are available for any questions. Thank you. It looks like we have a question from Vice President honda. Counsellor, is it required that the appellants property would need to approve before your client got his permit if it requires access on the neighboring property . Its the permitholders permission that he has an access easement to get to the rear of the property. There is a challenge by that by the appellant sorry to interrupt you, counsel. The question is, is it right here for the appellants property to be notified that a permits been issued for the using of their property . No, that is not the case. Pursuant to 311, no neighborhood notice was required. And that neighborhood was the appellants the owners of the property that are complaining, the appellants, are they supposed to be notified when a permit is issued that requires use of their land . I dont believe so. So the question is i can get a permit going through my neighbors yard and the city has the right to issue it . The access is a civil matter that would have to be addressed by the courts. Ill address that question to the department. Thank you. Okay. Thank you. No see any other hands raised by the commissioners. So we will move on to testimony from mr. Sanchez from the Planning Department. Thank you. Good evening, president , members of the board. The subject property at 3330 geary to 3340 geary, the scope of work which was limited to the addition or legalization, as it were, of two Parking Spaces in the rear of the subject property does not require notification under the planning code. I think whats been raised by the jurisdiction requester is a separate matter when it comes to the easement issue. The city does not typically get involved or in between Property Owners when it comes to the access issues. Had the permit proposed any work on the adjacent property, then that would require a separate permit. But as i understand it, the permit does not propose any work at all on the adjacent property. The scope of work itself doesnt require any notification. Its stated by the permit holder that this was to document and legalization the situation, i dont see any planning violations in the property related to the parking, but when i was reviewing the materials, i do have some concerns about the plans themselves. Separate from this jurisdiction request, which is a question of whether or not the notice was required and under the planning code no notice was required. I dont think any notice violations have occurred here, but the concerns i have with the permit would lead our department to request a suspension of the permit because as provided by the permit holder, they show the shed structure in the back is more than a shed. Its fairly substantial. It appears to have been constructed around 2014. I dont see any permit for that structure. It doesnt even show on the plans that they submitted. So i think that these plans are flawed and that they dont accurately depict the conditions. Im also concerned somewhat about what was shown as the vicinity map. Perhaps the permit holder can better speak to what exactly their intention was by providing that document. Its unclear, a lot of handwritten lines. Its an official city document, they show the parcel on the left, but its unclear why they drew in the lines. They show a driveway, but its not labelled [indiscernible]. Quality that should be incorporated in the plans. I think we would have this permit suspended and have them correct the plans to either remove the structure or legalize it, which would require neighborhood notification of that structure and have them remove that site vicinity plan. I dont think that should be on there without at least some further explanation. There is an adjacent project proposed, but thats not before you tonight. Thank you. Im available for questions. Thank you. We have three questions. One from president lazarus, Vice President swigs, and commissioner honda. The permit is wanting to be suspended, but im not sure how that correlates with the jurisdiction request. Do we need a basis thats taking jurisdiction thats apart from the normal one . I dont think that the board needs to take action on this. Its up to the boards discretion on how you would like to proceed on the jurisdiction request. We would request a suspension of this permit that is a letter issued by the Zoning Administrator. That would be appealable by any party to the board of appeal, both the initiation of the suspension and the release of the suspension, should we get to that point, would be appealed to the board of appeals. Theres better points of getting this to the board of appeals beyond the jurisdiction request, if that answers that question. We dont need to take jurisdiction for you tab able to take the action you wish to take . Correct. We can act independently. Thank you. We will now hear from commissioner swigs. I may be walking on commissioner hondas lines. I apologize. Can you clarify something for me. If i have a driveway next to my house that i use to access my garage and my neighbor doesnt, but my neighbor has a backyard and they decide they want to take a permit out to park two cars back there, you can issue that permit and their intention is to use my driveway to get there, you can issue a permit to approve that without asking me . As odd as it may seem, im not aware of any provision in the planning code that would require us to obtain a copy of an easement or any other documentation from the adjacent property. We generally dont get involved into easement issues. Thats a civil matter between the parties. Were looking at and approving very specific parts of work. If the proposal wants to do work on your property, a permit would be required. But existing driveway access, that to my knowledge would not require a notification under the planning code. There is no provision in section 311 and im not aware of any provision in any other part of the planning code that would require notice. If its required under the municipal code, perhaps he can provide a citation to the section. It could be under a Building Code provision and perhaps acting chief inspector duffy can speak to that. Taking it into a further state of ridiculousness, if there was no driveway and somebody had a large enough backyard that could house a car, could anybody apply to house a car back there even though there was no access to it without any notice to neighbors . Its absurd, but they should be able to gain access. There is nothing in the code that im aware of. I mean, i share the reaction that you have to this, but im not aware of any municipal code requirement that would trigger the notification. Thank you. We will now hear from Vice President honda. That was part of my question. The second question is theyre applying for new parking. I thought the city doesnt allow for any new parking. We do allow new parking. A bit more than a years ago the board of supervisors amended the code to no longer require parking. The parking that is being proposed is within the allowed limits. They could have up to three spaces on the property, and this would get em up to the maximum, but it is not required under the code. Is there a 30 rear yard open space or theyre allowed to use that in their rear space . In the geary district, the required rear yard is at the lowest level containing a dwelling unit. In this case, the lowest level is storage and parking space, so there is no required rear yard at this ground level and it would begin on the floor above. They are allowed to park in what is called the rear yard, but not a required year yard under the planning rear yard. They are required to show open space for the dwelling units on the property. It does appear to be code compliant. There is nothing that says that since they have the open space, it doesnt appear with the midblock open space . In this case, theyre allowed under the code to extend to the rear Property Line at the ground level as long as it doesnt contain a dwelling unit. We would look at it from a design pif, but given that it is just an open parking space, it was not found to be something that didnt comply with our design requirements. What was required was only a space for two cars . Sh. Under the zoning district, a private parking garage or in this case its open air, so it would be a lot, would be allowed, but they would need conditional authorization if they were to have that be Public Parking or private parking for people beyond the parking. If they were parking more than three vehicles there, it would be a violation of the code. So they get three in the back and there was one in the front . A total of three, two in the back they were approved for two in the rear thats what i was trying to clarify. They were only allowed two in the rear and one in the garage . Correct, for a total of three. Thank you. Thank you. Thank you. Does the department of building, mr. Duffy . I think the permit was issued itself. I do have concerns about the quality of the drawings. I agree with mr. Sanchez on that issue. You see a line thats not clearly shown on the Property Line. It does cause you concern. I do think the easement i have seen drawings in the past, where the recorded easement would be on the plan, particularly for access to the back of the property. I dont recall anywhere in the Building Code where it requires it but i do know that we had cases in the past. Its always nice to have that on the drawings. Mr. Sanchez said it sounds like the permit will be suspended and well see a betterquality drawing. Maybe the easement issue could be addressed, but i had concerns about the quality of the drawings as well. Thank you, mr. Duffy. Were just going to slowly see if any of the commissioners have questions of mr. Duffy. I do not see any questions. So we will move on to Public Comment. Is there any Public Comment for this item, this jurisdiction request . You are a caller and you would like to provide Public Comment, please press star 9 and i will know you want to speak. Star 9 if you want to provide Public Comment. While were waiting for that, im sorry, i was too late to hit the button. I have a question for mr. Duffy. Please go ahead. So, mr. Duffy, i hear that youre saying theres no notice required and my memory is terrible, but i seem to remember a case that you had that if you suspected that someone had come in and was asking for a permit on a property that wasnt theirs, that you would look to see a signed letter. Does that ring a bell at all . That right have to do with the excavation issue or if there was something that was going to be done, that would be something we would need a letter from them. But youre not aware of a required of a letter in a circumstance like this . No. With the property it is clearly shown how you got to these Parking Spaces, even though it created additional Parking Spaces, im not sure that was shown really well enough on the drawing. I think thats going to be addressed either way. With mr. Sanchez, either way, its coming back to us. Thank you. One last call for Public Comment on this item, please press star 9 to raise your hand. Commissioners, this matter is submitted. Aside from the absurdity of i think the absurdity was mr. Sanchezs word of the situation where somebody could have parking spots without even access, still according to the law it seems that the city had no responsibility to provide notice of such a permit. So i dont see any merit, although im very sympathetic to the appeal and i see the appellants point of view sincerely, the law would state other side. So i wouldnt see any merit in finding for the appellant. Vice president honda would like to speak. Understanding whats before us is a jurisdiction. And according to the city, county, and department, no notification was required. But yet, its common sense to me that if youre going to grant a permit to park cars and theres evidently nothing on that particular property, to me, that doesnt make any sense. I agree that were here just if the departments intentionally erred. But i think in this particular case, the law has erred in this. I would look for jurisdiction. Since this is coming before us aga again, i would go with my fellow commissioners. Commissioners, do you have anything to add . I dont have anything to add. I brought up i would move to deny the appeal based on the fact that the city did not err intentionally or otherwise on this permit. We have a motion to deny the request on the basis that the city did not intentionally or inadvertently cause the requester to be late on the appeal. [ roll call ]. That motion carries 40 and the request is denied. So we would now move on to item 5. This is tavenue. Jerry dratler, appellant, is requesting a rehearing of appeal no. 20013, Jerry Dratler vs. Dept. Of building inspection, planning dept. Approval, decided april 22, 2020. At that time, upon motion by Vice President honda, the board voted 50 to deny the appeal and uphold the permit on the basis that it was properly issued. Determination holder 25 17th avenue llc. Permit description to comply with nov 201623795 201757399 planning enforcement case 2016009806, horizontal addition, add lobby elevator, add entertainment room, one bathroom at first floor, laundry, three bathrooms second and third floors, replace sidewalk, repair stucco, relocate meter, repair replace rear fence, add one bedroom bathroom at 4th floor; no penalty for this permit application. Permit no. 2017 07 07 1206s. This is the rehearing of appeal number 20013. Subject property at 25 17th avenue. Jerry dratler, appellant, is requesting a rehearing of appeal no. 20013, Jerry Dratler vs. Dept. Of building inspection, planning dept. Approval, decided april 22, 2020. At that time, upon motion by Vice President honda, the board voted 50 to deny the appeal and uphold the permit on the basis that it was properly issued. Determination holder 25 17th avenue llc. Permit description to comply with nov 201623795 201757399 planning enforcement case 2016009806, horizontal addition, add lobby elevator, add entertainment room, one bathroom at first floor, laundry, three bathrooms second and third floors, replace sidewalk, repair stucco, relocate meter, repair replace rear fence, add one bedroom bathroom at 4th floor; no penalty for this permit application. Permit no. 2017 07 07 1206s. Vice president honda, you have a disclosure on this matter . Im trying to hit the button. Im a partner in a project that has hired the law firm of ruben and julius. It will not have an effect on my decision. Thank you. We will hear from the director, mr. Dratler. Can you please put him on spotlight. Thank you. Welcome, mr. Dratler. You have three minutes and alex will give you a 30second warning when your time is up. Can you see my slide . Yes. Okay. Im going to start. Thank you. The planner approved plans for a 206 square foot house. Approving the permit with a legal plan to undermine the authority of the Planning Commission. The alternative plans were not approved by former director ram and the plan changes were not necessary to bring the plans into compliance with the residential comblooins. In the april 22 board of appeal hearing, we heard that the justification for alternative plans was to bring the Planning Commissions decision into compliance with the r. D. G. We also learned a larger home was not required to comply with the r. D. G. And the alternative plans were not approved by planning director ram. Planning director ram had the Discretionary Authority to make the plan changes, but only for the purpose of bringing plans into compliance with the r. D. G. The planning code states the planning director may exercise this authority. It does not say the director shall exercise the authority. Furthermore, the authority is given only to the director, not the directors designee, so the director cannot be designated. Planning director ram was required to bring the plans into compliance with the r. D. G. And director ram was allowed to delegate his authority. I believe a Building Permit would not be approved which a set of plans which overrides a Planning Commissions decision. I believe if all the facts were disclosed, it is likely the board of appeals would have ruled to have the current planning director to submit this with the planning directors decision. The project delays are entirely attributable to the Property Owners attempts to circumvent the codes. Now we will hear from mr. Kevlin, the attorney for the permit holder. What you have before you is a rehearing request. Just to remind everyone the standards for the rehearing request. It can only be granted on a showing by the requester that, one, extraordinary circumstances exist and a rehearing is required to prevent an injustice. Or if there are things that could have affected the outcome at the original hearing. I dont think anyone is claiming manifest injustice. Theres no extraordinary circumstances. Im going to focus on number two. New or different facts or circumstance circumstances that could have affected the original outcome. There are no new facts or circumstances tonight. He cites parts of the code that have not been modified since your last hearing. He also brings up the discussion of mr. Sanchezs description of staffs review of the permit, which, amongst other things, takes into account the residential design guidelines, far from being known at the time of that appeal and of this board, that was the heart of our conversation two or three weeks ago. This is not a standard of was the appellant aware of these facts at the time. Its whether or not were they in front of the board and was the board aware of them. This is the heart of the issue the board discussed at the last hearing. Just to bring up a couple of other points. Yes, section 11 calls out the planning director in terms of the residential design guidelines. I think we can all understand for practicality purposes and a reasonable carrying out of the application of the code, that that is carried out by planners as part of the planning purpose. There is a Residential Design Team that reviews the process. That is how these guidelines get applied. Just because the code spells out the planning director and the staff doesnt mean that they cant be used in other circumstances as well. Of course, the Planning Commissioner uses them and this board applies the residential design guidelines. The last thing ill mention is what we discussed three weeks ago was not an override of the Planning Commissions position. It was that the staff approved the permits consistent with the Planning Commission. Thank you. Im going to see if there are any questions. I dont see any at this time. Well move on to the Planning Department. Just a couple of brief points. I think we mentioned at the previous hearing that the boards review of this application is a de novo hearing and this is fully before the board of appeals. I think at the previous hearing the appellant argued that the permit was flagged because the Zoning Administrator didnt personally sign the permit and the argument is that because the planning permitter didnt personally sign the permit. We get thousands of permits a year and its possible for the planning administrator to sign each one. They need to interpret the planning code on a daily basis and also to implement the planning guidelines. I think also in my understanding of the process, in response to the Planning Commissions decision, the project sponsor submitted essentially the plans that are before you and had those windows removed. Staff didnt direct them to submit those plans. Thats how they submitted it. The appellant was very involved and the department and contacting the planner and getting information. I know there was a lot of back and forth. In reviewing the issues raised by the appellant, the Zoning Administrator was involved in reviewing this as well as our Residential Design Team staff. They felt it would not be appropriate to have windows in this location because of the residential design guidelines. That is how this all came about. Again, this is a de novo hearing. So it is appropriate and that is all available for questions. Thank you. Thank you, mr. Sanchez. I dont see questions at this time. We will now hear from the department of building inspection, mr. Duffy. Nothing. We will now move on to Public Comment for item 5, which is the rehearing request for appeal no. 20013. I see someone is raising their hand. Excellent. Please go ahead and speak. You have three minutes. Thank you. Okay. It says call in user number one. Yeah. Please proceed. Thank you, commissioners. My name is joe. I live in the area. Ive elected not to use my real name or give my address for reasons i will make clear in my statement. I would like to take a minute to comment not so much about the project at this location, but the surrounding neighborhood. Adds i understand, the project has been approved and the only Thing Holding it up is continued opposition from just a few apparent disgruntled individuals. These people in question have been heard saying in Community Meetings that they know that they cannot stop the project but will do whatever they can to drag it out and make it as expensive as possible for the developers. Its an apparent personal vendetta and has caused conflict in our onceclose community. Mr. Dratler has used bully tactics against people to support his cause and has sought retribution against neighbors who have opposed his agenda. All the while, a vacant building and an empty lot continues to be an eye sore on our street. I would ask that the commission reject the appeal and please allow the project to commence so our neighborhood can get back to normal. I would hope the Commission Also takes into account the incredible waste of city time and taxpayer resources already allocated to this abuse of the system. Thank you very much. Thank you. Okay. We will now go on to the next speaker. The person whose phone number ends in 1092. Great. Thank you. Can you hear me . Yes, we can. Perfect. Thanks for giving me the opportunity to speak. Im kevin martin, a neighbor who has lived on 9th avenue for the past 18th years. I had the opportunity to call in three weeks ago when the board delivered their unanimous decision in favor of the developers, which seemed like the appropriate decision. After listening tonight, i did not see anything new from those opposing the project. Its quite clear that the current objective, like the prior caller said, was to delay this project for as long as possible. Granted, the opposition has lots of time in a covid19 environment to dream up appeals and objections. I think weve reached the point where the appeal has lacked relevance. Thank you so much and have a great night, everyone. Thank you. Is there any other Public Comment for this item . If so, please raise your hand by dialling star 9. Well give some extra time. Were on the rehearing request for 25 17th avenue. I do not see any other callers. Commissioners, this matter is submitted. Commissioners, any comments . A motion . I would move to deny the rehearing request, as there is the criteria has not been met. Okay. Any other commissioners . It looks like thats our motion. We have a motion from commissioner swig to deny the request on the basis of no manifest injustice or new evidence. [ roll call ]. The request is denied 40. Thank you. We are moving on to appeal no. 19146. Laura decararava versus department of building inspection. 1374 46th avenue. Appealing the issuance on december 23, 2019, to feng yuan li, of an alteration permit existing wet bar with sink and associated components to be removed in existing bathroom; patch and repair demo area; work at third floor only . Permit no. 2019 12 23 0312. We have the lap belt the permit holder has agreed to have the interpreter provide a summary after the summary is given. We will hear from ms. Decararava first. Is ms. Decararava on the line . I am. Good afternoon, president lazarus. And good afternoon, commissioners of the board. I am laura decararava. I am an appellant for the subject property of 1374 46th avenue. I am making this appeal i am appealing an alteration permit for the removal of my apartment kitchen and an associated variance determination. In so doing, im advocating to keep my home. I instituted a Lease Agreement to rent my third floor apartment at the subject premises in april of 2018. The lease is included here as slide 1 or exhibit a in the brief. I am currently a tenant in Good Standing and has made payments over the course of six years, paying upwards of 62,000 towards my tenancy. This has been documented in slide two. I also wanted to show that i am an active resident of our neighborhood and have strong ties to the community and to our neighbors. I have included slide three to Show Community support for the appeal. I hope this slide shows what i provided in slide 4 and also in the brief which begins on page 81. Slide 4 is an october 2000 d. B. I. Permit or job card. The permit is identified there as a twofamily dwelling with three stories and two units. This is identified as rear [indiscernible] which is required for the separate third floor apartment. Evidence of the two units is visible in the permit itself, which is slide 5 would you like alex to show those slides . Or are you just refusierring to them in your brief . Because we werent given that direction. Yeah, that was the intention. Can you just stop the time, alex, and go through the slides quickly. These are on her brief . Slide number 1 was just the front of the Lease Agreement. Slide 2 is the history of my rent payments, paying upwards of 62,000 over approximately six years. Slide 3 was a list of neighbors who are supporting this appeal and who support my continued tenancy in the building. Why dont we wait for him to put 1 up and we can go to 2, 3, 4. Your time is on hold now. Thank you. Alex, are you able to get those . Yeah. Just hang on. Alex is going to the exhibits that were included with your brief. Okay. So what exhibit would you like to show . You said slide 1, but we didnt get any slides from you in advance of the hearing, so im not sure i did send alex a series of slides in advance of the hearing, but im happy to proceed without them if that would no, we had time and were going to get them. We want to make sure you adequately present your case. Here is slide 1. Residential tenancy agreement. Thats right. So thats slide 1. I just wanted to show that i had an actual written and oral lease for the premises. It is for the third floor apartment, including kitchen, bathroom, private room, as well as access to the backyard, a private balcony, and use of the garage and Storage Space and parking lot. Okay. What would slide 2 be then . Slide 2 would be documentation of my tenancy and payments of rent over the course of six years. Okay. And thats a handwritten exhibit . No. That would be that would be the one that is a chart. Alex, she did send slides at 8 02 this morning. This is the file ive got here. If its gumming up the progress, im happy to proceed without them. Its fine. We have slides 3 and 4 as well . This is 2. So 3 are the oral terms of your Lease Agreement . Slide 3 would be no, that would be the proof of tenancy. The neighbors signatures in support of my tenancy in support of this appeal. Okay. This is what i got from her. No,