tv [untitled] September 29, 2014 6:30pm-7:01pm PDT
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monday morning i have a question regarding the relations for the governors as mr. president, i can't get an answer so suppose what about the elections this november. >> please proceed with our public comment. >> i don't hear i what about the re-election this november alongside with supervisor malia cohen. >> please proceed with our public comment you have two comments. >> are you going to have a re-election this november for the supervisors term? i know there's a re-election but what about you? >> are you done with our public
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comment. >> thank you is there any additional public comment on item 2. >> seeing none, public comment is closed okay supervisor cohen could i have a motion to forward this to the full board with with a positive recommendation. >> yes. >> we'll take that without objection. that will be the order madam clerk will you please call item 3. >> item 3 is an ordinance amending the planning code with the short-term rental rentals and establishing the application fee. >> so we held a hearing on item 3 two weeks ago we made a few all the times and continued 20 for two weeks we're reassuming it today and president chiu is the author of item 3 i understand he'll be here moment will i here he is there are
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several amendments that maybe offered and take action or not take action after. so president chiu would you like to make any introductory remarks >> thank you, colleagues foyer your consideration again of our proposal i want to take another moment and thank everyone every evyone a it's in been involved in the last couple of years and particularly the last couple of months from tenant and landlords the hotel community and neighborhood advocates, the human resources community and the department of building inspection and the city attorney all of the commissioners of various department as well my aid amy chang let me start with a couple of preliminary comments everyone in
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this room in this chamber agrees that the status quo is not working when it comes to short-term rentals in san francisco we need a regulatory and framework how to move forward with considering the activity around short-term rentals in san francisco that doesn't exist today as i've said before the flying value to address the activity in the context of our city's affordability crisis how do we afford to live in the city this legislation addresses that it would for bid the activity for those individuals that are engaging in short-term rentals did i placing san franciscans pushing san franciscans out of san francisco whether you're a landlord who is
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ellis acting to establishment all each year around bed-and-breakfast this will apply though per day finances and penalty if you engagement in that activity on the other hand, we've heard that short-term rentals and human resources have allowed struggling san franciscans to afford to live in our city senior citizens on a fixed income and families traveling for vacation and workers xhoountd and artist our legislation says if you're a permanent resident an individual that lives in the city 9 months of the year and play by the rules and register with our city so if there's issues we can address them and pay our full share of taxes that means tens of million dollars of delores to
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the city so long as you pay liability shushes and not undermining rent control laws i also want to thank land use as well as the members of the public and the stakeholders that have addressed concerns from the first legislation let me 13450ir some of the changes we've made we've addressed concerns brought by the affordable housing community excluding the marrying unit and subscribed and affordable housing we've addressed the concerns about life and safety concerns our legislation says if you have any violations or electrical or firing issues you'll be denied
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permission to be a host and if it turns out new violations arises any permission granted to you to be a host will be taken away we've heard concerns from landlord to address those we ask landlords be notified if the tenants register as a host and has no new rights into the landlord tenant issues and addressed the neighbor association that the homeowner cc&rs not be entangled and to regulate single-family home and we have new provisions in the several rounds of amendments to strengthen enforcement so first and foremost the enrollment agency will be the note the
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planning inspection and increased the finances for the multiple finances doubling the finances for second and tripling for third offices and ask for registration numbers to include when they rent out their residence and strengthen the requirement that only that one application will be permitted for every permanent recipe and clear that posting platforms will be subject to enforcement for various violations we've continued to hear about other concerns i've got several other amendments to further improve enrollment amendments offered by the public and in particular, the planning department and i think them for their feedback on this and a number of things first of
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all, we require every host to report at least two times a year the number of dazed that have been rented out on a short time basis so for every individual host whether or not they're in compliance and direct any civil or administration penalty back to the department for enforcement and we'll been asked by the participating to put a program in place to establish an open active date of february 1st of next week next year to give them a couple of months to enforce this in a pro-active way to adjust fees and cover the costs of the department and one thing that been suggested is this legislation have an annual report back to the board of supervisors to summarizes any administration or enforcement issues and make recommends for
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further amendments i have a series of amendments colleagues that i'll circulate to you to be considered after public comment i want to at the beginning of the out set to summarize some of the amendments to be countered and addressing the concerns thank you to the department of building inspection and tom huey if you recall two weeks ago at the land use commission there were a number of committee members that wanted to have an opportunity to ask questions directly of dbi so we requested they be here to answer questions and with that, colleagues thank you for your patience and the public for your engagement on the issue why don't we precede. >> supervisor cohen. >> thank you
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i wanted to briefly talk about one amendment that i would like to talk will add to the particular to the legislation president chiu thank you for your leadership and everyone that's been part of the conversation many of the concerns i have stem from what i've heard from any constituents in the event of an emergency short-term rent short-term rentalers may not know the safety i'd like to put forth an amendment that requires the host to post a notice inside their unit on the back of the front door that details the information and the location of the fire extinguishes and any pool and fire alarms that are
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available in the facility i don't have the exact language but with my conversation with the zake i believe we can consider what we propose just laid out should be adequate enough to draft language correct okay their nodding. >> thank you very much supervisor cohen i want to make a few introductory remarks and talk about a few amendments some of those are along the lines of this hearing last week first of all, thank you president chiu for taking on this issue this is probably the most convoluted and changing piece of legislation or one of them certainly since i've been on the board of supervisors over the past 4 years it is challenging political because
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the politics don't breakdown along some of the traditional lines that we are used to wu you have tenant on both sides of the issues and single-family home owners and condo on both sides and the landlords on both sides and there's no clear breakdown i think it reel in some ways goes to the heart of some of the housing challenges we have in this city challenges in terms of concerns about housing stock being used for other than long term residential use and the ability of tenants and homeowners to make rent or pay their mortgage we hear concerns about unit not begging being used for long term residential use and concerns about neighborhood character in terms of too many hotel like oozed
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uses on a block and concerns for example, homeland security who tell us this is how you make my mortgage not all homeowners are wealthy and this is how i'm able to put a new roof on my house or put my kids through college there's no black and white answer to it so i want to just give president chiu credit and his staff credit for taking on this issue you're never ever going to make everyone happy where everyone's is - if legislation passes everyone will walk away with things in the legislation they like and things they don't like and that's also hard because we want to try to make everyone as satisfied as they can be no resolution to this issue that will make everyone satisfied and probably no one will be
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completely satisfied or an are going going to walk away with things they don't like and human resources folks won't like everyone we're trial to strike a balance i 2079 thank president chiu for trying to take the responsibility and directing the arrows that are coming toward him there are people who lee would like to see human resources go away it's not going the jenny is out of the bottle it is the reality in san francisco and many cities in the u.s. and around the home sharing exists
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and we're trying to come up with a rational system to make sure it's not being abused and harmonized with our larger housing goals right now the situation not tangible because it makes a farce out of our planning code it exists in a way in san francisco it's in a gray area and when i have something that exists it is not going away and recognized by the law you have significant problems because it exists in the shadows it's time to bring it out of the shadows and put limits on it so two weeks ago i offered an amendment the committee he
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accepted to trigonometry notification of landlord when any tenants in their building applies for shrldz there are landlords that point the law to ask for permission but the legislation achieves that goal the leases that landlords have with their tenant have subletting restrictions or not the city shouldn't be rewriting the restriction the landlords can did i how to approach the situation and the landlord notification benefits the tenants i've heard of and heard from tenants that have been promoting evicted after putting their unit on a short-term rental site many tenants don't know they can be evicted and
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requiring the landlord notification helps us to avoid that so if the landlord has a problem they can go to the tenant so the tenants can actually learn up front whether or not this is something the landlord will use as a basis and not waiting for the eviction notice on their board this was adapted two weeks ago and under two additional amendment for all the amendments we'll take them up after public comment one is something i've proposed two weeks ago we need to clean up the language the insurance clarifying the language and increasing the insurance requirement the legislation proposed insurance of $150,000 the amendment will increase that to $500,000 and the legislation
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the excuse me. the amendment will clarify that the insurance will have to cover the prove or disprove and i'll distribute that language and feinstein a minor amendment requested by the planning department the fee we're setting we have the discussion of the appropriate level of the fee the legislation desolates to the controller's office the responsibility and the power to make periodic adjusts to the fee based on for example, the cost of enforcement and so i have an amendment which will be on page 1 start on line 14 inserting the language not later on 6 months after the effective date of this ordinance after holding a dually note it
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possible hearing at the planning commission and then preceding as is the director shall report to the controller, etc., etc. there will be an informational hearing at the planning commission and the - that first determination will have to occur within 6 months of the legislation so those are the amendments i'd like to pit on the table in addition what president chiu and supervisor cohen place on the table i'll note that supervisor kim is now joined us supervisor we're doing the introductory remarks so you can remark as well. >> thank you, supervisor wiener it's good to see tom huey we were at the same groundbreaking at the south of market i want to appreciate the committee in my towardness
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i made a lot of comments last week, i don't want to be reiterate active first of all, we are absolutely moving in the right direction we know that short-term rental vacation rentals is become an activist that is widely lied in san francisco people joy hosting guests from around the world and make additional income everyone understands the need for that given the housing issue here through i think the issue is keeping the city affordable so this is an activist because we like to do it and not to do it not because we have to of course, i've been an airbnb user it's and it's a great way to vacation with friends when
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it's hard to get multiple hotel rooms and i've done it for weddings and i understand the platforms both to the hosts and the guests preliminary concern i've expressed is a potential loss or existing loss of our housing stock that's been x batdz by airbnb and b rb o i've met resident that have been ellis acted because they want to do do airbnb that's the type of behavior we want to encourage you can make more money through airbnb rather than the renting that's the type of behavior we don't want to encourage we want
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to make sure that the legislation is campfiresable how do we create legislation that we can enforce you know, we have a number of different areas of our code that's difficult to enforce but this problem is a big issue it's hard to understand the numbers of unit that have been permanently taken off the market for long-term and have short term vacation rentals this is the exact thing i'm hoping we'll address through the package of the legislation most of my questions are along that line we've mad moves moving in the right direction i want to continue along that and the number of questions from the planning and building inspection thank you for being here i forward to hearing from the community members again on this
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issue thank you. >> thank you, supervisor kim supervisor cohen. >> great. thank you very much i have a handful of questions first for dbi and 1 or 2 for the planning department i really want to pose this to mr. huey can you clarify whether those uses will be comploem with the hotel code. >> good morning supervisor tom huey director of building inspection to answer our question first of all, we considered those kinds of rentals should be under apartments its no, not a hotel because the preliminary retains have to be occupied unit and those as a home sharing unit
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because there's no dimension between apartment building or hotel all those are existing buildings that's why we consider it as an apartment buildings not a hotel thank you very much other question either you or a member of your staff someone safeguard we accountant an superstition of each dwelling unit that applies for the registry railroad given that dbi only has access to the common area maybe you could explain to me how this will work how you will be able to go in and inspect.
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>> generally, we don't spring insides the unit but for the future we plan to go into the unit and find you know some violation regarding the electrical or plumbing and send out an inspector and there's a compliment by the tenant we'll will then you know there's a life safety concern and also i have my chief inspector to see how to do the enforcement. >> thank you maybe you can add more complexity. >> supervisor one of the things we'll do in working in conjunction with the planning department is as they establish the registry if there's an issue of the building whether or not they satisfy the reluctant inspectors we can definitely do it in conjunction with the
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scheduling so as they develop that and working with christians in a we've got those buildings and he this he happen to be apartment buildings or hotels that require the inspector we'll schedule them under chapter four of the housing code keeping in mind one or two single-family dwellings don't have that we'll be happy to incorporate that into the program. >> i see maybe you can explain the relationship to the requirements for inspector so far every 5 years of an residential building. >> in chapter four it requires the the hotel or apartment have an inspectors every 5 years we do that every 5 years and a shorter period of time if we get
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a complaint or a hotel depending on what happens within the building so essentially bans that requirement if a building is trying to get on the registry we'll work with the planning department to make sure that reluctant inspectors is down in the commonly area but we'll look at open complaints working with the planning department and the property owner. >> i'd like to get our opinion on requiring the host to provide posting in their unit about key life safest in the way of an emergency. >> it's been communicated to me a guest may not be familiar with the features the building given that information about the
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egress that would be a good idea the planning department doesn't have this but getting this information to the people it is a good thing in the way of arresting an integer we'll welcome that to the event. >> one final question more directed towards you director do you anticipate those apartments occurring more costs this legislation has a financial impact on our budget would it have that. >> it is hard to tell now we don't have that many complaints but in the future that will be an impact hopefully, we're not the expert on this area that's why the usage maybe returned back to the planning if life safety we'll work in close hand you can to communicate and
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enforce it together. >> okay. thank you very much. >> thank you supervisor cohen. >> i'm sorry supervisor wiener i'm not done. >> okay. thank you. >> nobody for dbi i have one question a little bit loaded one for the planning department or the planning staff so i've heard complaints that individuals will be registering non-unit i represent the industrial part of san francisco my concern is if someone registers a unit to be rented and it's zoning in the non-residential area how do we protect the tenants that are coming to hang out in our wonderful city but not sleeping in a garbage in the environmental zoning. >> thank you scott sanchez with the planning staff the registry question we'll look at the our
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records to see the legal occupancy and our informational map we have the access of the records for the residential record so we'll use that it's not dissimilar to someone coming in for a building permit to modify it we're going to establish the fact there was a residential use that's how we try our best to address that. >> thank you very much. >> okay. thank you supervisor kim. >> thank you i had a couple of questions on an issue that come up two weeks ago the bed-and-breakfast permit it's clear from hearing from the public comment there are a number of people that are doing this close to 3 hundred and 65 days a year hosted and thosees
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