there's a mail notice beforehand within 3 hundred feet of the subject property and that's the general process. >> is it a fairly simmer process. >> we subject small businesses to in the city it's not necessarily reluctant those are done at the planning commission a a matter of the backlog of progressing the applications. >> my next question is for dee dee young and come back to planning so for the department of building inspection if the discretionary review is approved for the bed-and-breakfast is there a different code with the dbi alongside the code or under the residential housing code. >> the whole building converts or if there's a change in use that's under our building code

for the multiple unit from rh2 to become rh1 that will be enforced with the whole building converted. >> maybe not a whole building but let's say a single-family home it's something i've heard two weeks ago there were people that owned single-family homes were retired and renting out their home close to 3 hundred and 65 days a year basically running a business they got a conditional use authorization so if the home got the bed-and-breakfast conditional use is there a different set of codes that the dbi enforces or continue to enforce under the normal residential building code. >> it's still a single-family home under the r-3 it's hard to

say it's a hotel but that's more in planning only one unit. >> okay. so when the planning i'm sorry, i keep asking when the planning department approves the bed-and-breakfast permit dbi will when they ininspect the building there's no single bed-and-breakfast. >> it's a single-family home nothing to change. >> maybe making sure there's clear signs towards fire exists and life and safety concerns from dbi's prospective. >> dbi enforces it you know when you get into the exit and the egress window and all the requirements stayed for existing building and there are sprinkles

for the change in use is not changing the transportation. >> it seems like it's a process that's not that arduous we're under the building code many folks in the room can undergo that process with a simple - and yes correct. >> okay. thank you now i want to go back to planning also i want to understand a little bit about portland's recollection because that was a city that regulated on short-term rental i understand the planning department has been talking to the city so how many folks have registered since the legislation. >> scott sanchez planning staff i understand the planning

correlated with were in the july and the beginning of september during the last month they've had 12 applications i have a description of the some of the differences if you want to hear they have a maximum of two bedrooms and limit it to one and two buildings only and a have a restriction for adjacent building and they have an inspector in order to obtain the fee is $178 paid every 6 years and covers the cost of the inspector as well and in the interning years 2 and 4 a 62 directing renewal feces fee and a posting hosted and non-hosting for the permits you said they have a similar 90

days non-hosted restriction. >> correct that's my understanding they have the requirement that the unit be occupied by the person that is renting out the space for 2 hundred and 75 days. >> okay. so some speculators how does portland plan to understand for residents for 2 hundred and 75 nights a year. >> our staff contracted them and that's something again, they have 12 mraksdz at this point don't have the enforcement experience with it yet they're in the application of that i don't know we didn't get a clear answer on the toolsz they'll use to determine that. >> do we have a sense of the number of hosts in portland that utilize sites like airbnb. >> no, i don't know how many are listed. >> 12 seems really low even

though it's been only a month and a half having an understanding of why registering registration is. >> i be in the past three weeks we're not at the end of september it limits the number of the size of the unit and one and 2 unit buildings so this makes is limit the pool in portland we have one and two buildings that comply i don't know in emily rogers times to step in but i don't know the process of allowing this the fee is the operate process but someone xhertd from a residential unit to a hotel their subject to section 316 it's a change of use from the residential to the hotel they'll have to meet that section code for the loss of the dwelling to

be clear i wanted to mention that in the process that's required for allowing the bed-and-breakfast bus under the current code it's seen as taking it out of the residential use category. >> i have e even if there's a family living in the how is it seems like less of a dwelling. >> we have no mid ground our either a residential unit or a hotel and no requirement for the residency so we don't have anything in between like a bed-and-breakfast to have someone living in the unit for 90 days. >> i want to know whether in a bed-and-breakfast there's someone living there 2 hundred and 70 days it might be

appropriate for some of the hosts but that's the route they could be legal without having to flow more city council gent regulations thank you. i have a couple of more questions for dbi then i'll move on to the next. >> for dbi i'm curious how many current conversion residents for chapter three 1 a. >> supervisor we have roughly 25 cases and also 5 of them is under the mosaic active hearing. >> can you describe the nature of the complaints. >> i'll have my chief inspector rosemary to describe it. >> supervisor kim we have the

complaints that have council meeting sometimes they have information that makes it hard to follow up if it's unanimous and we don't have the listing information going to the platform to identify particular property with the pictures that maybe on theizing it might not have the address so one of the things that's in the current legislation proposal that's helpful to the planning department is in a recommendy if requires on the listing you put the number of the being on the registry of the city of san francisco so right away you don't see the dbi listing on the city particular database you know there's an issue with the platform or the individual it

listed it so it gives us a tool we don't have under the current database the types of dominates we've gotten is 1 or 2 or more apartment buildings is only dealing with 4 apartment how does one or two unit are offered for rent or rented for under thirty days that's itself typical complaint. >> how long do those investigations go on for there's difficulty when you don't you know have a litigation with discovery rules, etc. how long do those investigations go on an average and the challenges to collecting the documents the finding of violations if someone is taking a unit off the market

for the short-term rentals. >> as the ordinance is written it didn't give the department of building inspection tools it takes a long time to go in and make copies to see if there's listing on other platforms and if it is swelled for a hearing and if they show up at the hearing one of the problems with the legislation as written if they take the listing off we can't recover the way it is written for our costs even though we made a preliminary finding that they were in violation of the ordinances because we can't make the finding until you get to the administrative native hearing process it's addressed by the registration by the controller reviewing the costs and the

registration fee costs it's addressed but right now the ordinance doesn't give us the information and have the restrabts, etc. so the current proposal goes a lot way in addressing the issues in dbi we're confronted with the 5 we have let me back up this ordinance as written for the existence quite a few no one utilized it it we had two complaints in the last 20 years and now 25 in the last few months those issues we're talking about are addressed by the additional tool that the current legislation paroles. >> that's helpful the short-term rentals is not a new issue i want to make that clear

it was introduced long before craig's list, etc. we knew that tenant were taking those units off the market by using them as a vacation rental and there are rentals from building near the waterfront we certainly want to enforce against it, it's interesting you on the got 2 complaints over 15 years and now 25 the proposed legislation addresses a lot of the challenges that dbi had in its ability but are there other things that are helpful on the legislation that has happened to enforce again landlords or attended that are permanently taking the unit off the market. >> as i said having the

registration number is going to go a long way whether or not it is consist with chapter four 1 that's where you're next question is there are some dings but this allows an individual to go after some place that vicinities the ordinance in court and chapter four 1 has a provision like that for the last thirty years there's a history of going after several different ways so from that standpoint there are those opportunities as well. >> so the big thing for me the crux of the issue how does dbi or planning differentiate between that landlord who refuses to rent out their unit and put it on the market and using it permanently for short-term rentals and how would

the department differentiate that for the people that live in their units 2 hundred and 75 nights a year can you tell the difference as an endorser. >> it came up in one of the hearings in addition to the individual that say, oh the unit for rent there's a hoax between the approach and the actual couldn't your legislation takes that out and so it makes it easier for us to be dealing with the individual that are occupying the unit so that's help so as legislators we're looking at is it offered or for rent less than 3 hundred and 65

days when we go in we're going to look at how the building is maintained but those are the things we looked at. >> how are we're going to know if a retina resident is there 2 heading hundred and 75 days a year. >> dbi - >> i understand it's in the planning that dbi has some enforcement with the 25 complaints i have today what would we put in the legislation that allows you to differentiate between a true tenant and renting out a room or couch or is someone that takes their unit off-line. >> supervisor jane kim i said to suggest a number of amendments one to require for each host a number of days and the days to the planning

department so each host will be required at least twice a year if they submit a report to the planning department on the number of days and dates of stay they'll be providing to the city and if there's evidence to the contrary that is evidence that the city can shut their property down and fin them with criminal penalties. >> i missed that amendment i think that's helpful so i brought up when i served on the board of education we got containments whistle blowers here in san francisco and sometimes families would i will actually would tell on other families they thought didn't live in san francisco because ann it's a sought after playing place so sometimes families will

call unanimously this student lives in oakland their unfairly taking a spot from a san franciscan so we actually spent a lot of money investigating those ten to 17 families and i know there are questions about privacy and security and those investigations really infringe on that we followed kids home we walked out of school with them i was stupid when i heard about the investigates post investigates we'd get on the bus and they get off at daily city we caught you or knock randomly at 6 o'clock in the morning to see if the families are living there if we move in that direction and we get a call they don't live there i'm afraid of

the planning department right leg to do this type of investigation but it's far more infringing on someone's privacy than simply understanding the number of nights that is recorded i don't know if planning department has a response to that but i imagine this is the path we're going to have to walk down if we move to a hosted and non-hosted kind of pathway and unlimited nights of hosted pathway. >> thank you scott sanchez planning staff it's clear the legislation will have it's challenges as we do with legislation do our best to enforce it the legislation has a few proportions that helps us in the forest but first in order to be tasered as a short-term rental they having they have to

get a registry number and demonstrate they're a resident of that unit for us to determine their navigate a permanent resident and we see one person's names popping in the registry two or three times they're in violation that's one test and the self-reporting aspect of having to report back the number of days and perjury is the other option it will have it's challenges and at times if we get a complaint and people think it's no longer rented out by a permanent resident we will request the information they document they're a permanent resident. >> thank you. >> and emily has more to add. >> emily rogers planning staff i want to add that the residency

thing is described well but that's one key issue that supported by the reporting back by the host a key question we've been struggling would be though if there's one set of rules for people that live there while the hosting is occurring and that's permissive than a standard for those not there whether or not they're on vacation we have a case not only need to determine whether there's a permanent resident by grant them a more permissive controls while the hosting is happening that's one of the controls that's difficult and obviously more valuable federal or state to the potential host so in the past we've talked about with that means we have to ask the individual if their sleeping there during the nights and how

many nights they're in their own unit. >> thank you. i think that's really again, the crux of the issue i'm concerned i'm open to flexibility on the hosted the nights i get the benefit it was made clear to me, i'm still struggling about how to differentiate with those folks living in their unit and again you know it's heartbreaking in tenants and their landlords are now a full airbnb i want to stop that activity i want to make sure we have the legislation that the city can regulate. >> thank you, supervisor kim so i have a couple of points and questions so terms of the last point in terms of the challenges in determining did you really

extending spend 2 add and 17 nights in your home supervisor jane kim's questions made clear that's not a challenge that's unique to short-term rentals obviously the full-time system when you are relying own people's truthful innocence in terms of where they live not only in in terms of being a san francisco but their school say we see it with people indication of where are their.com acids for the tax law people have to say what their residents is for getting car insurance f that has a significant impact on the rate of insurance and people allow about their retains for car insurance those are difficult issues to enforce we know that people are required to make

those statements under penalty of perjury and when caught there's severe consequences and under the penalty of perjury they're spending 2 hundred and 75 days a year so the evidence is not - it's understanding that the important snarnz there's a challenge whether auto insurance or taxes many, many people are very truthful or school assignments most people take those firmer shuns honestly and don't lie about their car insurance and some people will their commenting perjury and can be prosecuted so it's not new

i have a question for mr. huey in terms of going to get conditional use to convert our home into some sort of airbnb or hotel putting aside single-family homes if you're a condo owner where cc&rs allow the short-term rental and you live in one bedroom and rent out another one and when you go through wruf it's not as simple as people think but let's say you're able to go through the fund planning department use for the conditional use and what are the building code implementations of doing that are inform a condo. >> similar first of all, the

way i hear our question is you have two bedrooms condo or apartment and then you rent out one room out but that's you know a matter he long term or short time your room sharing for us it's still an apartment or condo the only thing it's a short term you need to register with planning and make sure those all those things the use is still the same no change expect proposed by cohen to up to the time put what we call a plan to make sure they know where they can run to get exit to the building but from the department standpoint it's. >> usage not a classification

chance. >> so you'll not have a comply with the hotel rules. >> no. >> so mr. sanchez having one of the things that you do when our a supervisor you hear from all of our computes with a lot of city departments concluding the conditional use process it is not an easy or a smooth or predi predictal one in terms of time and comprehend and conditional uses are non-controversial i've not seen a cu rocket kind of cu with no controversy i've not seen one take less than 4 months macro maybe i'm wrong but i've seen plenty of cruz take 6 to 9

months longer it came back challenging to get a hearing from the planning commission and takes time to get a planner assigned they might have a huge logan backlog this is not a criticism of the planning department but the massive number of cruz in the city we add more and more cruz and takes longer and longer for the cruz to move through so one can support or opposite the ideas of requiring a proportion of the conditional use to go through the process to become a airbnb whatever the person's view it's important to understand the reality it means a probability lengthy conditional use process and means a significant number of cruz added to the planning

department's workload so i want to stress that realty i don't know that a cu is a simple permit to get a cumbersome process. >> okay supervisor chiu. >> thank you. i want to comment on some of the comments that colleagues have made you first of all, thank the members of the committee for wrestling with the policy i know there is not an easy issue to table i want to appreciate all the comments and at the outset the contemplates by supervisor wiener and supervisor cohen i'm happy to support and supervisor kim mentioned addressing the safety concerns of the potential emergencies and supervisor cohen mentioned that that what supervisor cohen mentioned a host to post an evasion notice

specific to that unit it's appropriate and every unit has a different set of situations for the fire extinguisher and the electrical where it's is and it's a good idea and appropriate supervisor wiener has asked to amend the legislation to make sure that we have a good and public process by which we calculate the fees every year on the record to make sure it's been estimated 11, 12, $15 million a year some fees go to adequate enrollment that captures the cost to the dbi and the city attorney and other agencies obviously i've said for a number of months to address the insurance provisions they're correct and so supervi