Or silence all phones so they will not disturb the proceedings. The appellants and permit holders are given seven minutes to present their case and three minutes for rebuttal and people affiliated must include seven or threeminute period. Members not affiliated have up to three minutes each to address the board and no rebuttal. Time may be limited to two minutes. If you have questions about a rehearing email boardofappea bof appeals. To enable public participation, sf gov is streaming live and we will receive it live. To watch it on tv, go to cable channel 78. It will be rebroadcast on fridays at 4 00. A link to the livestream is found on the website so Public Comment can be provided in two ways. You can join the zoom meeting by computer at sfgov. Org is click on the zoom link or by telephone. Call 888 4754499. Thats a toll free number and enter the webinar i. D. 81767603727. Sggovttv is streaming across the bottom of the stream. If any need the disability accommodation or Technical Assistance been make a request in the chat function to the boards legal assistant or send an email to board of appeals. Do you swear or affirm the testimony you will give women be the truth, the whole truth and nothing but the truth. If youre a participant and not speaking, please put your zoom speaker on mute and we will move on to item number one, which is general Public Comment. This is an opportunity for anyone who would like to speak on a matter within the boards jurisdiction but that is not on tonights calendar. Any member of the public who would like to speak general Public Comment . Please raise your hand. I do see someone raising their hand. Joshua quipp would like to speak and let me move you to a panelist and go ahead, mr. Clip. Speaker i can do audio. Good evening. So at the august 19th, 2020 board of appeals hearing bee, i stated that the trees as part of turo phase one would not live passed 30 years and i made that based on the years of observation on how well they do in San Francisco. San franciscos urban forest, however, stated these were large sector trees and didnt know what type they were. I went back to 1100 connecticut and confirmed the trees are sustainuous and theyre not large stature, medium stature with a maximum height of 25 feet and both trees grow 1 12inchesa year and for every 100 street trees, only 50 will make it 13 to 20 years and the main Life Expectancy is 19 to 20 years. The planted trees look to be sex to seven feet tall and they may make it over 20 feet for the few remaining years. Earlier in the year, i fought to preserve trees at 645 fifth street and this week it hit the knews that the primary tenant slated to lease a half million square feet to pull out of the deal. So while trees come down, it remains to see whether this will reach intended usefulness. We talked a lot of the intersection of tree removal and the trees lose. My hope is going forward, there can be a robust discussion here and citywide on development that looks not only at the bottom line for those that stand to profit in the shortterm but those who have to live with the scents of thiconsequences in th. Thats all. Thank you. We will hear from mr. Zach carnazez. Speaker yes. Im a disability advocate and a Community Organizer and i post videos of these hearings and others on youtube and you can find if you such deforesting San Francisco. Im an advocate for the forest we have remaining and i think at least most people are aware that bureau of urban forestry and department of public works are incredibly corrupt and have been deforesting a lot of our city, especially during covid19, theyve been accelerating. Deforestation efforts they were previously doing and deprincessindeforestingforesting trees currently in appeal. This is extremely problematic and illegal and theres nothing to stop them from doing it. They get a slap on the wrist fine and they will save money by breaking the law and deforesting trees during an appeals process and they will actually save money because it is more profitable for them to do what is illegal than to do what is not illegal because they can then get the permits they want for multimillion Construction Projects and dont have to wait for the appeals process to take place. This kind of corruption is unacceptable and the tiny, tiny the penaltpenalties in place are unacceptable and giving a presentation tonight on their own crimes is the most ridiculous conflict of interest thing i can think of. It is up to the public and up to us and this board to demand heftier fines for breaking the law in these multiple incidents. Its happening all over the city in the deforesting of our trees and canopy, which we need right now, especially with the wildfires poisoning the air that we breathe, we need mature trees that produce fresh oxygen and provide good habitat for wildlife and other birds that need them during this really difficult time. Its also been shown in medical studies that covid19 is more prevalent in places with worse air quality and more pollution and boy, i dont know whats going through the heads of public works and bus and i know this board has approved much of their illegal activity. My own complaint thirty seconds. My own complaint for 1501quinn street, trees were cut down and this board approved it anyway. So i ask what incentive does bureau of urban forestry and public works have to not break the law. Theyre getting away it and this board is allowing it and i ask this board deny appeals, especially when those appeals break the law. You can find videos and information thats time. On my website and youtube. Is there any other general Public Comment this evening . If so, please raise your hand. Ok, i dont see anybody raising their hand. Ok, item number two, question, comments and questions. Commissioners, anything for this meeting . None. We will then move on to item number three, adoption of the minutes. Commissioners for discussion of possible adoption, are the minutes of august 19, 2020 meeting. Motion to adopt the minutes. Ok, is there any Public Comments on this motion to adopt the minutes . Please raise your hand. I just want to make sure. I see mr. Carnazeze. Please go ahead. Speaker thank you, i just want to publically thank Julie Rosenburg for doing an excellent job with the meeting minutes. There was an important but small mistake in the end of the minutes that i understand is being corrected and these minutes are resubmitted and i just want to emphasize that that clearly looks like a mistake, not intentional and i feel like Julie Rosenburg is doing a terrific job improving accessibility for these meetings and improving the meeting minutes, as well, and so, while you all know im critical of problems when i see them, im also very vocal of good things when i see them as well and i see them here and thank you for that. Thank you. Any other Public Comment on this item . Ok, so we have a motion from commissioner swigg to adopt the august 19th minutes and on that motion role call item four is the revision of the minutes and discussion of possibly revision to make a correction to the statement made by zach carnazes. The proposal is to remove the last sentence wherein he says, he stated that he would only be able to present his item if it was first on the agenda. And so the proposal is to remove that sentence from the minutes. Is there a motion to adopt the revised minutes . Adopt. Any Public Comment on that motion . If so, please raise your hand. Commissioner tanner. Before we go to Public Comment, commissioner tanner, did you have a question . No, there was a Public Comment and i just wanted to abstain from voting because i wasnt at that meeting. Weve had advice previously from the City Attorneys Office that you need to participate in the vote. Ok. And ive been in that same situation, commissioner tanner, so you do need to vote. We do have mr. Carnazez would like to provide Public Comment. Speaker the statement i just made was meant for this item. Thats all. Thank you. Any other Public Comment . Ok, if not, we have a motion from commissioner swigg to adopt the revised minutes and on that motion role call . Item number five, jurisdiction request at 1501 tennessee street, also known as 2,923rd street. A letter from the El Nino Training Center for complaint 201 9016112, which was issued on july 22, 2020 and the appeal period ended on august 6, 2020 and filed at the board office on august 20, 20. The determination holder was torenno tennessee street, the Property Owners and the description of the determination is the subject property authorized for warehouse use as a wholesale storage use under the pdr1g Zoning District. The purpose is to retain and encourage existing production, and repair activities and limit retail uses. The violation pertains to the current gym use at the subject property, which is a retail sales and service use under planning code section 102. It has been reported the above property is used as a gym doing business as el nino without authorization and benefit of a permit. Pursuant to code 210. 3, a gym use is not permitted in a Zoning District where the subject property is located. Wall and freestanding business signs have been installed without the benefits of permits. So i believe we will hear from the requester first, mr. Molazab, will you be speaking . Yes. Yes speaker thank you so much for hearing our request today. Were requesting that the board take jurisdiction of the appeal of the noise violation that the Planning Department gave us in regards to El Nino Training Center. We got this notice of violation on july 22nd and we have 15 days from the date of the letter to appeal. And its covid time. Im living with an office thats short staffed. I dont have a fully functioning place and we did our best to get our work done. We attempted to submit it on the tenth, which was 15 working days from the date of the decision and regrettably, we had missed our deadline. The one thing you dont know this gym has been in business since 2011, which predates the zoning code section. I would like to argue the case, but i dont think this is the forum to do so and i would like to be given that opportunity. And this property has been moved at glacierlike speed. And i very much like to ask for the sake of my client that we be given a chance to talk about what is there and what is a good use for the community, for the neighborhood and for the city. My client is here, as well, and he would like to speak thirty seconds remains. Im sorry. Thirty seconds remains. My client is here and he would like to hes on the call and he would like to say a few words. I respectfully request your jurisdiction so we can speak to you again. Is he on the phone . Gill melendez is on the call. How much time does he have left . Seven seconds. Lets give him a few extra seconds given the transition. Go ahead. Im with the Training Center, the owner of the gym and ive been conducting business in San Francisco for over ten years, nine years at this location. Its been fantastic, getting to know the community, the neighbors, providing a safe place for members to come train, providing jobs for people in the community, as well as athletes. Thank you. That concludes your time. And so, we will now hear from the Planning Department, mr. Sanchez. Thank you, scott sanchez, Planning Department. The item before you is a jurisdiction request on a notice of the violation issued for the property at 150 1501 tennessee street. I dont see any city error that would lead to justifying granting the jurisdiction request. Its my understanding from staff that a requesting thought it was 15 business days, not 15 calendar days and its easy to file and appeal and really no reason is needed when the appeal is filed and often, thats how appeals are filed without any stated reason. Theres a Briefing Schedule established through the appeal process where all of the arguments can come in at a later time. And i would note that from the history here, it goes back to a Building Department complaint from 2017 that has continued to the process. I think theyre at an order of abatement for that complaint and 2018, the requester here submitted a letter of determination request ages, askg this question, is this use allowed. And the answer is, this use is not allowed. While it may have been allowed at a time it was established, no permit was sought at that time. In 2017, the law changed and the use is not allowed currently and cant obtain a permit. The letter of determination was issued last year and no appeal was taken of that letter of determination. And so we have a final issue letter of determination stating that the use is not allowed and putting all of the rationale and demonstrating how its not allowed and legal characterized under the planning code. We had an enforcement case and proceeded through the appropriate process. Once the notice of violation is issued, they have the ability to either request a hearing or appeal it in a timely fashion to the board of appeals and they didnt do either and, unfortunately, within the 15 days and now were before the board with the jurisdiction request and thats the information that i wanted to provide to the board and im available for any questions. Thank you. We have a question from Vice President honda. And then commissioner tanner. What was it that brought this to the attention in 2017 . How were they able to have been operating that long . It looks like well, in 2017 is when the law changed and they were not allowed at that time at that point, a complaint was made to the department of building inspection regarding the use and then subsequent to that, my assumption is that they sought to address that complaint and found that they could not legalize it and then they requested the letter of determination from the zoner administrator which was issued last year and saying that they cant legalize it. Inexplicably, they did not appeal that to the board of appeals as they could have. And are you finished, Vice President honda . Youre on mute. At the time the violation was noted, would there have been a remedy trying to seek this to become legal or this was established in 2011 if they were properly permitted, they would have been a noncomcliennoncompl . At the time they did open, it could have been allowed and they could have obtained a proper permit, pay the fees, go through the appropriate process and they did not do so and it looks like in 2017 is when the law had changed, the board of supervisors prohibited gyms in the pdr districts and is when the complaint was made to the department of building inspection and i dont know if it was before or after the law changed. And i could look that up quickly, but 2017 is when the law changed and when the complaint was made to the city. Had they been properly permitted, would there have been an avenue for continuing . Absolutely, it would have been a nonconforming use. And so at this point, the corrected action is to use that at that location . Thats correct. That was the determination and the lotter of determination that was issued last year. Price president honda, is there a followup question . This is to the Business Owner. And so, you stated that youve been in business in 2011. Did you think that you were properly permitted for the usage at that location . I did. I started in the bayview and i was assisted. I changed addresses when i moved to this building and my landlord told me its fine to use as a gym at the time and i filed for my business permit and received it for that location and at that time, i felt like i thought i was good to go. And on your business permit, does it state specifically what your business is . Yes. I have to doublecheck myself, sir. I have to do my diligence and pull that. But i dont have it in front of me. Maybe i could receive help with that, but ive been registering as a gym. And then the last question, since you were notified in 2017, i mean, what actions did you take . Thats tough, youve been in business for six years, successful and then the rug is pulled out from underneath you. Why are we here now in september of 20 . If you want your attorney to help, thats fine, too. I would love him to jump in, but initially, we did take action. Went to the Planning Department, asked the right questions and we went to spoke with the Fire Department and luckily, i was trying to solve this issue and thats when i reached ahmad and hes been guiding me but its been a long process and this is my first time and so its been a trial and error with it. But if ahmad can go through it all for you, that would be fantastic. We have been proactively trying to get this all since this happened. And i believe, to your question, when we were, we were still able to get zoned for our business when we were written up the first time and it wasnt after. Maybe ahmad could confirm that, as well. Yes, your representative can continue, but please dont argue any more. Can you just answer the question that i had, sir . Yes, sir. I mean, to your representative. Yes. I never was arguing. I have at the Business Registration certificate for the Training Center and the version their have is dated Expiration Date of 0615 and its a Business Registration number with El Nino Training Center and the ownership by llc. This is to see if the city is receiving money and taking money as a gym and the next question is, is that c