Board of Appeals Parks, Recreation, Open Space Advisory Committee

1. Board of Appeals Parks, Recreation, Open Space Advisory Committee January 8, 2013 1

2. Who is the Board of Appeals? • Five-member appointed body (3 Mayor, 2 BOS) • Meets Wednesday evenings at 5:00 PM in San Francisco City Hall room 416 • Created by the Charter in 1932 2

3. Who is the Board of Appeals? Established in the Charter in 1932, Section 4.106: The board shall hear and determine appeals with respect to any person who is been denied a permit or license, or whose permit or license has been suspended, revoked or withdrawn, or who believes that his or her interest or the public interest will be inversely affected by the grant, denial, suspension or revocation of a license or permit, except for permits or licenses under the jurisdiction of the Recreation and Park Commission or Department... 3

4. Who is the Board of Appeals? • Jurisdiction over ALL permits issued by city agencies • EXCEPT Recreation and Park Department and Port issued permits • NO jurisdiction over CEQA • Broad powers; reviews projects de novo 4

5. How does the Appeals process work? • The Process • Appeals must be filed within 15 calendar days from the date of issuance • Prepare paperwork • Make an appointment with staff • Complete the preliminary statement of the appeal form • Pay the fee. Fees set in Business and Tax Regulations Code. • $175 to appeal building permit • Range from $100-$600 depending on the type of appeal filed • Submit briefs and evidence. 5

6. How is a hearing structured? • The Hearing • - (7 min) Appellant presentation • - (7 min) Department presentation • - (7 min) Permit Issuing Department presentation • - (3 min/person) Public Comment • - (3 min) Appellant rebuttal • - (3 min) Department rebuttal • - (3 min) is there an issuing dept rebuttal? • - Board of Appeals deliberates; asks clarifying questions • - 4 out of 5 votes required to overturn or deny permit 6

7. What is the impact to RPD project budgets and schedules? • Difficult to determine until project is completed • Need to evaluate impacts of policy process, as well as other critical path factors that affect progress of project 7

8. General Contract Conditions Contractor will be entitled to a non-compensable time extension only for the following types of Unavoidable Delay: acts of God; acts of the public enemy; adverse weather conditions; fires; floods; windstorms; tornadoes; earthquakes; wars; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit-downs; slowdowns; other labor trouble; labor shortages; inability of Contractor to procure labor; material shortages; inability of Contractor to procure material; fuel shortages; freight embargoes; acts of a government agency; priorities or privileges established for the manufacture, assembly or allotment of materials by order, decree, or otherwise of the United States or by any department, bureau, commission, committee, agent or administrator of any legally constituted public authority; changes in the Work ordered by the City insofar as they necessarily require additional time in which to complete the Project; the prevention by the City of Contractor from commencing or prosecuting the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's Subcontractors or Lower-Tier Subcontractors; the prevention of Contractor from commencing or prosecuting the Work because of failure of the City to furnish the necessary materials, when required by the Contract Documents and when requested by Contractor in the manner provided in the Contract Documents; and inability to procure or failure of public utility service. 8

9. Thank you! 9