Rehearing

Appeal No. 17-156

Donald & Jocelyn Pinard

259 Avila Street

San Francisco, CA 94123

F I L L O N S O L I S A R C H I T E C T S I N CARCHITECTURE PLANNING PROJECT MANAGEMENT

07 December 2017

City and County of San FranciscoBoard of Appeals1650 Mission Street, Suite 304 San Francisco, CA 94103

Re: 259 Avila StreetSan Francisco, CA 94123Appeal #17-156

Dear President Honda, and Board of Appeals Commissioners:

The Permit Holders, Don and Jocelyn Pinard, respectfully requests that the Board deny the Rehearing request

for Appeal No. 17-156, regarding the approved Site Permit No. 2015/05/13/6187S, issued 8/24/2017 for 259

Avila Street:

Responses to Appellant's Rehearing Request:

Iteml

Mr. Mulligan, (The Appellant), requests a rehearing based on his assertion that the Planning Department Staff

were negligent in their determination that no rental unit will be lost during the proposed remodeling project. He

states "...all Planning did was a cursory review of their in-house files along with the Building Department and

evictions records," which he believes to be incomplete. We contend that the review performed by Planning, as

described by the Appellant and as performed by Planning, is consistent with the standard of due diligence

performed on all projects reviewed by Planning staff, therefore no negligence on their part exists in this case.

401 TERRY A FRANCOIS BLVD., SUITE 208 SAN FRANCISCO CA, 94158

TEL 41 5 541 -0288 FAX 41 5 541 -01 88

Item 2.

The Appellant claims that since Ms. Patricia Kay rented the property in 1993, it was evidence that there was a

second unit at this address. In the Appellant's Exhibit A, the email dated November 26, 2017, Ms. Kay

responds to an email from the Appellant requesting information on the property. She confirms that she rented

the property and states, "myself and my husband along with our son lived in the entire home, no in-law unit."

See Exhibit 2. The Owners of 259 Avila Street, Jocelyn and Don Pinard, spoke to Ms. Kay by phone and Ms.

Kay confirmed that she rented the entire residence with no additional tenants. This statement is again

confirmed in the attached email from her stating, "In the fall of 1992, myself, husband and son rented 259

Avila Street from Theresa Cook. We moved out before our lease date in the Spring of 1993.... We rented the

entire home, no one else lived there, absolutely no tenants. My memory of the downstairs is it was a large

room, which we used for our TV and toy room for our son." Please see Exhibit 1.

Item 3.

The Appellant claims that per the Rental Control Ordinance, the rental of the property by Ms. Kay proves that

there is a second unit on the property. The Appellants excerpt found in Exhibit B, states "A single-family

dwelling with a legal in-law unit constitutes a two-unit building and is not exempt from the Ordinance..., unless

both units are rented together as a single tenancy". This Ordinance also applies to illegal in-law residential

units. Ms. Kay has confirmed that she and her family had rented and resided in the entire house at 259 Avila

Street. Therefore the excerpt from the above Ordinance, as the Appellant claims, will not apply because there

were no separate units rented. The entire house was rented by Ms. Kay. The Owner has signed an Affidavit

asserting that their family has been the sole occupant of the residency since they purchased the property, with

no renters at any time. The neighbors have signed letters stating the current Owners have been the only

occupants of the property since they purchased it in 1993. Please see Exhibits 3 and 4 for Affidavit and

Letters from Neighbors.

Proposed Action

In conclusion the Permit Holder respectfully requests that the Board of Appeals deny the Rehearing request for

Appeal No. 17-156, with no new conditions. There are no extraordinary circumstances in the case. The

proposed project complies with the Planning Code, the General Plan, and conforms to the Residential Design

Guidelines. In addition, there is no evidence that any portion of the home was separately rented as an

independent residence and there has been no documentation provided by the Appellant that proves that a

secondary tenant existed.

Sincerely,

Alfonso RllonFillon Soils Architects Inc.

RESPONDENTS EXHIBITS ATTACHED

Exhibit 1. Email from Tricia Kay to Respondent (J Pinard) Nov 30,2017.

Exhibit 2. Email from Tricia Kay to Appellant (P Mulligan) Nov 26,2017.

Exhibit 3. SF Planning Unauthorized Unit Affidavit (Ordinance 208-15).

Exhibit 4. Declaration Statements from Owners and Neighbors (Re: Patricia"Tricia" Jean Kay).

EXHIBIT 1(Rehearing Appeal No.17-156 - Respondent)

Jocelyn Pinard

From: Tricia Kay [tricia.kay@comcast.net]Sent: Thursday, November 30, 2017 9:30 AMTo: jleepinard@earthlink.netSubject: Re: 259 Avila Street - Rehearing

Dear Jocelyn,

In the fall of 1992 myself, husband and son rented 259 Avila St. from Theresa Cook. We moved out before our leasedate in the late spring of 1993 and moved to Lafayette.We rented the entire home, no one else lived there, absolutely no tenants. My memory of the downstairs is it was alarge room, which we used for our TV and toy room for our son.

I hope this is helpful to all concerned.

Tricia Kay

Sent from my Verizon ~fG LTE DroidOn Nov 29, 2017 10:51 PM, Jocelyn Pinard <jleepinard@earthlink.net> wrote:

Dear Ms. Kay,

My name is Jocelyn Pinard, my husband Don and I are the current owners of 259 Avila Street San Francisco, CAwhich we purchased on December 2, 1993 from Theresa Cook, Trustee and Aldo & Gloria Alchera, Trustee,Revocable Trust. My family and I have lived there for nearly 24 years since we bought the home and have neverleased or rented any portion of it out to anyone.

Mr. Patrick Mulligan (Appellant), our backyard neighbor, who lives at 3606 Scott Street, is disputing this fact. Heclaims we rented a portion of our home to you or you had rented a portion of the home.

The Board of Appeals had unanimously voted against his appeal on November 15, 2017, which is why he is nowrequesting a Rehearing (Appeal No. 17-156) and making this unsubstantiated claim.

Although we have never met or known each other, we would really appreciate it if you can help us respond to someissues raised by Mr. Mulligan in his brief and answer a few questions.

1) Did you rent 259 Avila Street from the prior owners Theresa Cook and Aldo & Gloria Alchera?

2) Approximately what month/year did you rent the house and for how long?

3) Did you rent the entire single-family home?

4) Were you, your husband, and son the only ones who lived in the house?

5) Can you confirm that there was no in-law unit or any other tenants in the home when you lived there?

We really appreciate all your effort and time in helping us piece together what occurred nearly 24 years ago. Please donot hesitate to call us if you have any questions.

Sincerely,

Jocelyn and Don Pinard

(415)218-8891 *

EXHIBIT 2(Rehearing Appeal No. 17-156 - Respondent)

~:;M: Patrick Mulligan pmlra 'u .*:.,l'.vt..nI.!.XTuCJwi! Re: your residing at 259 Avila St, San Francisco in 1993

Z&a: November 26,2017 at 7:09 PM•iir>: Tricia Kay W3ia.kay<5c">rc«:r'..nu»

Dear Ms. Kay:

Thank you (or getting back to me. If I might, could you tell me who the Landlord was, and if you ever heard that the IrMawwas ever rented, and/or was the in law unit ever in rentable condition? Sincerely,...Patrick Mulligan

On Nov 26,2017 6:08 PM, "Tricia Kay" <*ricia.k&y@co:ncfesi.. i*t> wrote:Hello Patrick.

My myself and my husband along with our son lived in the entire home, no in-law unit.

I hope this answers your question. Feel free to contact me If I can help any further.

Tricia

Sent from my Verizon 4Q LTE DroidOn Nov 26, 2017 7:45 PM, Patrick Mulligan <miroalt.s>3to» I orayl.cri i> wrote:>> .Dear Ms. Kay:>> I wonder if you might provide me with additional information about your> residency at 259 Avila St in San Francisco in 1993, such as whether it> was multi tenanted and/or entailed any residency of the in law unit> facing the garden? In your 1 st email, you mentioned "We", and I'm> confused what "We" means...Sincerely...Patrick Mulligan

RE-^ your residing at 259 Avila St, San Francisco in 1993

Subject: RE: your residing at 259 Avila St, San Francisco in 1993From: Tricia Kay <tricia.kay@comcast.net>Date: 11/13/2017 7:57 AMTo: pmirealestatel@gmail.com

Hi there,

Yes we rented the home for a short period in 1993.

Why?

Tricia Kay

Sent from my Verizon 46 LTE OroidOn Nov 12, 2017 7:02 PM, Patrick Mulligan <pmirealestateiagmail.com> wrote:

Dear Ms. Kay:

My name is Patrick Mulligan and I reside at 3606 Scott St in SanFrancisco. There seems to some dispute on whether you ever resided atthe above address?. The city says, no record, and some neighbors also.Lexis Nexis shows you living there in 1993, and that you may have livedin the in-law apartment on the ground floor, looking out on thegarden. If it wouldn't be too much trouble, could you please let meknow, which might be true?...Sincerely...Patrick Mulligan

1 of 1 11/13/2017 12:19PM

EXHIBIT 3(Rehearing Appeal No.17-156 - Respondent)

AFFIDAVIT PlanningCOMPLIANCE WITH ;,,""""'ORDINANCE 208-15

UNAUTHORIZED UNIT AFFIDAVIT

Building Application Number: < . > '3 •

Project Address: £ffl AtS/fa S'frezJ'/ $4fl fraA&:?e0.

"Unauthorized Unit" shall mean one or more rooms within a building that have been used, withoutthe benefit of a building permit, as a separate and distinct living or sleeping space independent fromResidential Units on the same property.

"Independent" shall mean that (i) the space has independent access that does not require entering aResidential Unit on the property and (ii) there is no open, visual connection to a Residential Unit onthe property.

JoAtltoM A.»cf D _, do hereby declare as follows:

To the best of my knowledge, the scope of work proposed in the Building Permit Applicationreferenced above:

WILL remove an Unauthorized Unit as defined above.

X WILL NOT remove an Unauthorized Unit as defined above.

I declare under the penalty of perjury under the laws of the State of California thatthe foregoing is true and correct.

EXECUTED ON THIS DAY, nCMU&T & , 20 /<£ . IN &Z/I fp0JlA/6>&> CA._ _ ^

Name (Printed)

Relationship to Project Phone Em(i.e. Owner. Architect, etc.)

Submit completed Affidavit upon Building Permit Application (BPA) submittal.

B: 415.575.9010 | Para lnformaci6n en Espaftol Uamar al: 415.575.9010 | Para sa Impormasyon sa Tagatog Tumawag sa: 415.575.9121PAGE I | AFFIDAVIT: DWELUNOUMTUERGEfVOEMO-CURRENT PLANNING y OJS20IO 3AN FRANCISCO PLANNING DEPARTMENT

EXHIBIT 4(Rehearing Appeal No.17-156 - Respondent)

Declaration Statement

We, Jocelyn and Donald Pinard, respondents to Appeal No. 17-156declare that we purchased our property at 259 Avila Street SanFrancisco, California 94123, on December 2,1993, as shown on SanFrancisco Recorder's Office DOC - F495444. Since the date ofpurchase, we, including our family, have been the only occupants ofthe property. We have never rented out any portion of the property totenants. We do not know Patricia Jean Kay. She has never lived inour home since we have owned it.

We declare that the foregoing is true and correct.

Date

Donald Pinard Date

Declaration Statement

We, Ulf and Beatrice Gustafsson, are the property owners at 251Avila Street San Francisco, California 94123, where we reside. Wehave lived there since 1974. We live right next door and can attestthat Jocelyn and Donald Pinard have lived at 259 Avila Street SF, CA94123, since December 1993. They have never rented out anyportion of their property to tenants. We do not know Patricia JeanKay.

// - 1 - <> 7Ulf Gustafsson \e

U < sit --?->? cry //- 7- /' 7Beatrice Gustafsson ' Date

Declaration Statement

I, Michael Gammino, am the property owner at 254 Avila Street SanFrancisco, California 94123, where I reside. I have lived there since2001. Prior to that my grandparents and family members have livedat this address since 1926. My home is directly across the street andcan attest that Jocelyn and Donald Pinard have lived at 259 AvilaStreet since they bought the place. They have never rented out anyportion of their property to tenants.

Michael Gammino Date

Declaration Statement

I, Hilda Tsoi, am the property owner at 116 Avila Street SanFrancisco, California 94123, where I reside. I have lived there since1990. I can attest that Jocelyn and Donald Pinard have lived at 259Avila Street SF, CA 94123 since December 1993. They have neverrented out any portion of their property to tenants. I do not knowPatricia Jean Kay.

Hilda Tsoi T Date / '

Declaration Statement

I, David Johnson, am the co-owner of the premises located at 275 Avila Street, and I haveresided there since my purchase in March, 1991. I have known Jocelyn and DonaldPinard as neighbors since they purchased the premises at 259 Avila Street and came tolive there in or about 2)-Zd€&tker/9?$ Their residence is three (3) doors away from myown. To the best of my knowledge, the Pinards have never rented or leased any portionof their single-family residence to tenants during that time.

I do not now know, and I have never known, anyone by the name of Patricia Jean Kay.

Dated: November 7,2017.DavidX

Declaration Statement

I, Winston Ashmeade, am the co-owner of the premises located at 275 Avila Street, and Ihave resided there since my purchase in March, 1991. I have known Jocelyn and DonaldPinard as neighbors since they purchased the premises at 259 Avila Street and came tolive there hi or about &0et#*&£S /Jf£. Then- residence is three (3) doors away from myown. To the best of my knowledge, the Pinards have never rented or leased any portionof their single-family residence to tenants during that time.

I do not now know, and I have never known, anyone by the name of Patricia Jean Kay.

Dated: November 7,2017.Winston Ashmeade