the length of police -- of the lease. unfortunately, i can point to three instances in the last year tha when people have stayed from one week to two weeks. there was a family of three that were helping to enroll their students. >> thank you. >> once again, the website you heard about is an old one. if any of you have tablets, you can look it up now. is old. i have to explain that people that you have month-to-month leases for individual rooms have it with david. david has a tenant for the top units and the bottom units.

those tenants in south to individual people we have heard from tonight. -- those tenants leasine to individual people we have heard from tonight. those people sell these individual rooms by the month currently. david is not doing so. he wants to do so with your permission. he will get rid of those leases, and he will have a direct relationship with people policing. a lot of terrible things have been said about david, and you have to wonder why. i think i will make it clear when i read an e-mail from a neighbor. this is one you have in front of you. it is from one of the former tenants whose vote tonight. it is not politically correct to oppose group housing.

we have been advised we should not object to the zoning that allows one to operate through housing but rather the operator is self. do not hate the game, but hates the players. i know she never said such a thing. each is unfair to her, and it underlies what it is about tonight. you have heard from a tenant who is behind in his rent and my client has not forced him to pay. we have something -- >> thank you. public hearing is closed. comissioner antonini: thank you. this is a complicated situation. i think i am clear that in order to qualify under group housing

under section 209, and the minimum tennessee candy a week or more. is that correct -- the minimum tenancy can be a week or more. is that correct? >> that is correct. the code is not explicit about the maximum stay. >> i think there are a number of things have been brought up. there are some issues that are not in our purview. there was a sewage problem that would have to be taken off with the department of health or whoever has a restriction in those areas. it is not an issue for the planning commission.

i think this sounds like not a good use secure a good and -- not a good use. you rent thrown in and share the kitchen and share bathrooms in most instances. i think a resident clove also provides room and board, where this would only be in the room. the other saying i did receive, these restrictions, which is something the project sponsor has recorded. how long are these supposed to been in enforced? i do not see a time frame. >> it is a little complicated. it said the portion will be kept

for two years, and it is open to any member of the planning department of what sue look at it. the rest of the restrictions, which include no prior e eviction, sign proofing, and no smoking on the sidewalk, compliance with the noise ordinance, etc., all of these are permanent. my clients felt that after the today record keeping, he hopes he has proven its enough. how do we know this is going to be here forever? you can on do it on your own. all we did is put down this shall not be recorded without the signatures of both parties.

they have agreed to act as a guarantor to the neighborhood that this will remain. >> i see it runs with the land, which is important. the same document has to continue. >> if you wish to record to continue, we can amend it. >> i might be more comfortable with it lasting three years or four years. i seem to be in favor of this. comissioner sugaya: i need to understand something which respect to the buildings still being under rent control. is that the case or not said no- were people evicted and the rent control went away? >> these are still under rent

control, and people were evicted for non-payment of rent, including one the spoke tonight. these are still under her rent- controlled. the apartments are at least two groups of people. they are not month-to-month leases. the people who lease these apartments sublease to individuals on a per room the basis, and the law says if you live somewhere you can sublease under separate subleases to your roommates, but if you do not live there and you subleased by the room, you are violating delaunay -- violating law. david wishes to have a relationship with each occupant.

>> if it is still under rent control, and you can only increase the rent by so much under certain circumstances, so now we have a situation where the floors are under rent control common -- under root control, but they can rent the room for whatever he wants to even though they are under rent control? >> not exactly. clarkson you are telling me -- >> you are telling me it has to be way beyond what rent- controlled would-be. >> when they are vacant he can bring them up to market rate. rent-controlled does not mean you keep it at that red forever.

when people leave, you can bring it up to market rates. not once those people are in you have to abide by how much you can increase per year. that is why they are where they are. it is not just rent. >> effectively these are not under rent control. waxen and now these are subject to rent control. -- >> these are subject to rent control. he cannot increase the rent once people move in. >> he can rent room at whatever he wants to be repaired cracks in -- whatever he wants.

>> today the unit is the flat. >> with your approval, each room becomes its own apartment. month after month you can keep reestablishing the rental cost. >> they cannot be increased, but that can occur. >> i am baffled but we are sitting here discussing this, because this particular description does not fall within the definition. this is a business model, which i some house cents a region

which i sent contradict my idea of guest houses and other -- this is a business model which i sense goes against my ideas. this is something with rooms in a service apartment. i want to say it is not within minor and -- within my ideas of rent control. i also feel both the applicationt and the other are doing a great disfavor. i am prepared to use that as a way to look at issues the have to do with land use and zoning.

as to whether people are accusing each other of a number of wrongdoings said do not have anything to do with what i am the siting, we do what i am deciding, so i am going to withhold my vote. planning needs to recommend to consider what we are voting on. >> let me state set if you sit here, you hear a case, and if you are in the room, you have to vote. if you really believe you cannot vote, you need to absence

yourself or find some reason to recuse yourself. >> sometimes i am asking if the language is within the normal language we are supposed to use to communicate with each other. comissioner antonini: i have to go with the staff. i realize a lot of it is beyond our purview. i think they took a complicated issue, analyze it well, and they said your concern is group housing is allowed. i think it is section 209, but it should not be operated as a tourist hotel. it is in disagreement he recorded, and i would urge the staff to make sure this is

operated in this way and somehow we have oversight, but if it is one week or more, i would be in favor of this, antod apparently this is the recommendation of the staff. commissioner miguel: i hate items like this. we are asked to do two things. one is to consider an individual and presumed past actions, because i do not think anyone is disputing the fact that employees at one time this was advertised illegally. -- that at least one time this was advertised illegally. for someone who has properties

in san francisco and other areas not to know-alls totally confounds made -- not to know the laws totally confounds me. in this case, i have to presume there were illegal operations by someone who should have known better or have the ability to have now asked correct legal advice. that bothers me tremendously. one of the things i caught was this was confusing to the department. she wanted to present it for possible re-action or enter petition by the commission. am i out of line in that

statement? how would you phrase it? >> i would phrase it as unclear as to what you are saying. commissioner antonini: your opening remark actually reflects the basis -- if cait is operated as such. if there is a question here. my interpretation is you are not sure and you're asking for is to make an interpretation. >> we believe it is -- it is your purview to determine if the item warrants approval, if you think it will be group housing.

>> we typically do not bring to the commission -- there has been so much bad blood between the neighbors and the project sponsor. that is not a basis for you to make a decision in terms of land use and planning issues. with regard to that, we thought it was necessary to bring that up, and disclose that to you. we feel that the group housing and the type of use that is being proposed at this property along with actual alterations for the project, they are ok and compatible and we're comfortable with recommending the approval of the project. the two questions or one is the individuals involved and the

other is the use of the property. i am not going to get into personalities. that is not what i am here for. it bores me to death. i do not like the time spent on it. what i am going to try and do is decide this in my mind as to how i am going to vote, as to whether or not this group housing is correct for this property. to my mind, that is the only way we can look at this. it is up to maybe the rent board, someone, but not us. commissioner fong: this is a confusing and interesting one. it does seem to be -- in taking away the personalities, it is a shame to see two groups sitting

on opposite sides of the room when we have to live together. this is a hybrid. i do not see where it falls. the comment was made that it fits a need, it is clumsy at best how it is being operated. last week we had a project that had very small apartments, 250 square feet each which seems awkward. we're at a time when there are students who are living here part-time and people live in san francisco portion of a year or traveling on assignment here. it is interesting that we might be shifting and reshaping " we consider it residential space. -- what we consider as a residential space. transient use is 1 day rental or one to seven days at anything greater is not tourist or transient. >> this is less than seven days would be considered tourist hotel under the planning code.

if you are staying more than seven days, the use can be considered group housing. seven days or more. commissioner fong: is this one in seven days? >> if you are the group you do pay the tax. if you are group housing, you do not pay because you are not operating as a tourist hotel. commissioner fong: if you're one day or seven, you are obligated to the hotel tax? >> i do not have the taiex card with me but the way i understand it is if you -- the tax court with me but if you pay 14 or 30,

you pay the hotel tax. i wish i had the code here. >> mine understanding -- my understanding -- >> you have to come to the microphone. >> in 2006 when i was guilty of doing the hotel and i admit that and i apologize, i am deeply sorry i did that. i paid the hotel tax. i learned about the hotel tax and my understanding of the hotel tax for any stay less than 30 days, you have to pay the hotel tax. if it is group housing, someone stays between seven days and 30 days, you pay the hotel tax on i did pay hotel tax on people who stayed 14 days during 2006. i will not do it again. i have not done it since 2006. i am very sorry i did it in 2006. commissioner fong: you're

talking about a month to month, 30 days, not 31, not 29. is that the three dailies, month-to-month applicable hotel tax? -- three days, -- stays, month- to-month applicable hotel tax >> if it is more than 30 days, you do not. i do not think it has anything to do with the lease. it is how long it is rented for. 60 days they do not pay. commissioner fong: i am not try to be the tax collector. it brings up an interesting point. there was an article about air bnb. as it stands, i do not see why

we cannot approve this. commissioner antonini: i will make a motion. i am not sure if this is the proper way toward it. -- to word it. i would take dr and approve with the condition it is in conformity to the planning section code 2092 reference to a period of time of occupancy. i do not see that as the original motion. is that already in the motion? >> the project sponsor has agreed to file within the planning department specifying that the property would be considered -- would operate as group housing for section 209. which implies more than seven days. >> my motion should more

properly be to not take dnr and approve. the agreement is the filing of this declaration and agreement of restrictions. >> which he agrees to. commissioner antonini: we had agreed to make it a four-year period if that is agreeable. that would be my motion. to approve subject and the motion includes a declaration agreement of restrictions. >> second. commissioner sugaya: i will vote against the motion because i think we are losing affordability. it bothers me if we take action to make it group housing than we lose all control over the rental factor. president olague: you have the motion on the floor to not take dr.

commissioner antonini: aye. commissioner borden, absent, . commissioner fong, aye. commissioner moore, no. commissioner olague, no. the motion fails. is there a substitute motion? this project is approved as proposed. thank you. you are now on general public comment. president olague: is there any general public comment at this time? general public comment on an item that was not on today's calendar, is there one?

>> i am from boc -- poc and i spoke earlier today. i have additional doctors report. thank you. president olague: is there any additional public comment on an item that was not on today's calendar sing in -- today's calendar? seeing none, public comment is closed. we are adjourned.

there are so many ways that the internet provides real access to real people and resources and that's what we're try to go accomplish. >> i was interested in technology like video production. it's interesting, you get to create your own work and it reflects what you feel about saying things so it gives perspective on issues. >> we work really hard to develop very in depth content, but if they don't have a venue, they do not have a way to show us, then this work is only staying here inside and nobody knows the brilliance and the amazing work that the students are doing. >> the term has changed over time from a very basic who has a computer and who doesn't have a computer to now who has access to the internet, especially high speed internet, as well as the skills and the knowledge to use those tools

effectively. . >> the city is charged with coming up with digital inclusion. the department of telecommunications put together a 15 member san francisco tech connect task force. we want the digital inclusion program to make sure we address the needs of underserved vulnerable communities, not communities that are already very tech savvy. we are here to provide a, b and c to the seniors. a stands for access. b stands for basic skills and c stands for content. and unless we have all three, the monolingual chinese seniors are never going to be able to use the computer or the internet. >> a lot of the barrier is knowledge. people don't know that these computers are available to them, plus they don't know what is useful. >> there are so many businesses in the bay area that are constantly retiring their computer equipment that's perfectly good for home use.

computers and internet access are helping everybody in the community and people who don't have it can come to us to help with that. one of the biggest problems we see isn't whether people can get computers through programs like ours, but whether they can understand why they need a computer. really the biggest issue we are facing today is helping people understand the value of having a computer. >> immediately they would say can i afford a computer? i don't speak any english. how do i use it. then they will start to learn how to do email or how to go back to chinese newspaper to read all the chinese newspaper. >> a lot of the barrier still is around lack of knowledge or confusion or intimidation and not having people in their peer network who use computers in their lives. >> the important thing i learned from caminos was to improve myself personally. when i first came to caminos, i didn't know anything about