money and consequencely we hope you'll move that along and get it to its final resolution. >> thank you very much. is there any additional public comment item 5? seeing none, public comment is closed okay. did supervisor kim >> yeah. i mean, i'll make a couple cho's comments thank you folks when we called for this a month ago we weren't anticipating this level of turn around committed to work with our contractors and developers and everyone so make sure we're putting forward a ballads proposal and as those buildings go up more residents will move in and we have many more blocks we're arching out and one is

going to be coming up in the next item but many more blocks are going to be built out along the full name street corridor we want see a guideline that our residents can understand why and when their issued and some clear notifications and how the notification process happens i want to appreciate we have some standards and best practices in place and dbi has outlines some of those that happens with dbi and, of course, like our contractors to be valuable to our residents i do imagine this will be a temporary prohibition we're going to move forward maybe in a week or two as we

work through some of the procedures and processes i do appreciate all the mind and effort spent on an important area and growing area and look forward to the is final outcome and policy moving forward. >> thank you. i want to agree this is really exciting is what's going on there especially once we get the downtown extension down a hub regionally and amazing one day we'll get there and this will seem like choiven history but in in the meantime i'm glad there is a process in place to try to make sure the best practices are being used and night work is being done when it needs to be happening i applaud the building inspection for being robust to a

residential neighborhood in addition to other things my concern is that it shouldn't take the shutting down of a permit process to do that it shouldn't take the shit down of a process laying people off from work and preventing projects from happening i know there have been conversations happening but dbi could have been doing this all along and issued guidelines and you coming in come up with best practices and alternated it criteria around the premiers and the adapting department has win its power to do that outline along it shouldn't have taken a shut down or policy change to stop issuing those permits to do that so that's any concern a very, very it is a heavy handed way of

accomplishing what the department has in pits power to accomplish without resorting to this i hope this process works its way through very quickly and i hope in the future whether it's in this part of the city or any other part there's those challenges that can be worked out without not issuing permits toe fourth and we can't tell you exactly how long maybe a month but who guess so so that's my concern and i applaud everyone that is going to participate in trying to make it a reality that work will resume and do so in a way that will be minimizing the impacts so thank you for everyone that came out today and supervisor kim do you want to continue this to the call of the

chair. >> for now continue to the call of the chair. >> so continue to the call of the chair we'll take that without objection. thank you madam clerk call item 6. >> item 6 is an ordinance approving a group for, llc in the transbay project area. >> and the mayor and supervisor kim are the co-sponsors of item 6 supervisor kim. >> folks could please save the conversations for outside that would be great. >> we encourage you to talk outside. >> yes. supervisor kim. >> thank you, colleagues speaking will transbay and downtown and rincon point before us is a developments to allow a variance to build the one site

obligation for the project manager to pay a fee while the policy i prefer on site unites in particular for our rental housing in this particular six the developer has agreed to contribute a fee for more affordable housing in the transbay area i want to recognize our ocii director tiffany bohe along with her former person michael for their work and council on the unique circumstances in transbay district i'm sure you're aware of this is an redevelopment area plan we've been lauded by the state to wind down under our state agreement we've committed to 35 percent of

affordable housing which is an incredible goal four our thank you it meet because of the building of transit that makes it a smart growth neighborhood they've worked with our office to push to have the highest fee available and i want to recognize i know that mayor's office of housing director olsen lee also advised us in the process under this proposal 181 fremont pays a fee differing from the other fees judge context if 181 were able to oven their unit they'll pace $85 million they ocii has negotiated this developer will now pay $13.8.03 times more than

what they would have paid only for the creation of affordable housing within the transbay project area to really counter some of the concerns b around segregation we're assuring those below market rate will happen in the neighborhood two blocks away from fremont vs. the 11 units on site and the 65 new units will be available 60 percent ami and that will again only to 10 units in the building allowing for deeper affordable and 181 fremont will pay fees and the communities benefit district assessment and has supported the formation of the district and not participate in my effort to

propose or litigate we will appreciate they'll help to build our term we're proposing moechgsz which we've circulated to our offices and i'll present later and this project is already under construction but will provide 12 hundred union jobs and have local hiring agreement and meeting their goals for local hire they've broad support and the communitycy recognitions the housing projects this highlights a policy concern our office has had with above o below mandatory our potatoes people's can pay the moshths but not the hoa

knowing that hoa fees can go from 5 hundred to $4,000 a month a high amount for our middle-class residents. >> supervisor cohen a expressing shock at $4,000 a month hoa fees but that's some of the fees by your luxury condos and those high-rise condos 181 represents a general writing we efforts for folks to live in the area and become active members we're working hard to obtain and finally, i want to say our office is working with the mayor's office of housing to explore the concept of developer fees we recognize that a condo fee

shouldn't pay the same faye fee as in the excelsior neighborhood what's excited about the negotiation is puts precedence on allowing us surveillance based on the value of units and hope had this will not leave dollars on the table how to maximize and we have two staff to speak about this item i hope i didn't top all the talking points. >> my name is is kevin with the planning staff and i'll try to keep the redundancycy to a minimum by way of background the planning department in 2012 approved entitlements important the project that is a 52 story building with 4 hundred you thousand square feet of office

and 74 dwelling units so the demolition has begun and construction has gone from a planning code it's within the special use district this f cd is within the transbay area and the redevelopment plan and a no longer with state law requires 35 percent of affordable housing is affordable and it is increased the affordable developments and requiring on site with the is where he means to say in terms of the planning code and the furtherance that su d has on site affordable housing within the market rate and the offsite comparison as a means to satisfy the requirements for 11

affordable units within the fremont the spokesperson is going to enter into this to exempt it from the one site affordable units just to reiterate some of the points race by supervisor kim those are important the sponsor contribute $13.9 million to the project area so for comparable purposes the fee will be $504 million and ocii and most of staff has estimated this is a fee established for the da will develop 69 affordable dwelling units that the standard requirement of 11 on site unions

creates so i'll note that the ocii and the commission have depraved this to enable the number two, payment structure the planning commission he recommended approval and thought this process will enable more affordable housing opportunities in the redevelopment area and staff has received no comments from the public in opposition thank you for your consideration i'm available for questions and my colleague from ocii will discuss it further thank you. >> good afternoon, supervisors i'm courtney office of community and infrastructure for the transbay project area kevin discussed the planning commission took two actions on october 16th with the approval and the development agreement in addition to hearing those two actions the board of supervisors

will also be acting as the protective body and the successor agency with the communication infrastructure and the variance on october 10th the commission grappled a vacation from the on sites housing in the plan and made finding there are exerted circumstances on the property and the enforcement will result in practice difficulties with the development and beyond the intent of the plan this project is unique it is the only approved or proposed mixed use development with the residential and commercial offices and have the smallest number of residential units and furthermore, they're located open the upper 15 floors of the tore in this case the small number of units at the top of

luxury tower make it practice hardship for the bmr owns first for state law the hoa can't be adjusted on the income level of the homeowners the bmr homeowners are required to pay the same amazes and the city and ocii hass have programmed that there is no program for assisting bmr buyers when increases 90 in hoa argues they without the support of bmr owners particularly in development with inclusionary units typical constitute a small number of the ownership and when hoa fees are increased people have a hard time making the

mortgage and bmr owners will have to sell their units and marie the director of homeownership from the mayor's office of housing and infrastructure is here to answer questions about the hoa issues again kevin and supervisor kim discussed the 13.85 is 2 1/2 times under the cities inclusionary housing program it was determined by the developer and was backed up you by the concord group that will accruing crew to the developer if theirs converted to market rate units again, the fee will be used inform fund up to 69 units or a net gain of 58 units for example, the fee can be used to fund housing on transbay two metabolics from 181 fremont ocii is on track to meet the

affordable housing of 45 percent of approximately 12 hundred utilities i units in the project area many of which are in construction and again, i want to reiterate that the project sponsor has been specialist from the outset and the agreement includes the prerogatives is that require the property owner to vote in favor of the cf d and pay a fee that is due if it were not formed the certificate of occupancy again, the ocii stiff recommends approval and if you have any questions, we'll be happy to answer them. >> thank you. i of the hoping you could articulate more sorry your point about the hoa fees i know that's a policy conversation we've had before but borrow the members of the

public that don't understand the full policy reasoning behind that one question i know there's office asked it's to the only for 181 fremont but other him or her in the south beach we're running across folks that are packing their mortgages but having difficulties with our hoa's could we set policies based on income and some of the challenges i was hoping you could outline so the members of the publicful understand. >> the determination of hoa fees is set at the state level level laws eastern hoa's are established and who pays what maybe marie benjamin california the mayor's office of housing can answer you can't set hoa fees based on ownership status

do you have anything. >> good afternoon. >> sorry to ask that question to our colleague and it's the issue we're looking and researching other ways to address that but the hurdle right now it is mandatoryed by the state. >> what's mandated by the state. >> that in a condominium association not a reduction in homeowners dues based on income that has to an equally split. >> so the members of the public might understand is there a historical policy reason for that being set in state law when i mentioned it to people their surprised. >> i think it's that each homeownership is responsible for

their share of i'm sure it's a la tig so there's not one homeownership or group of homeowners that has more of an interest in the association it's all e actually for your protection and rights and yeah. >> thank you i think that's an important point for our residents their surprised this is something that is set at the state level that we can't have our middle-income residents. >> i didn't think it would prevent homeownerships from ganging up on the. >> we're trying to figure out that. >> thank you, ms. benefiting we have our director director bohe

and director of ocii just to add in 2008, there was a movement to create gift hoa fees for ellis acted and middle-income it was vetoed by the governor and matter of policy it make another run at it hearsay an ongoing issue citywide. >> great is there any further public comment item 6 any public comment on this item? seeing none, public comment is closed and supervisor kim i understand you have anywhere amendments to make. >> yeah. so i just described them they're passed to both of our offices as well. >> okay so supervisor kim has opted item 67 we'll take that without objection. >> did you do public comment.

>> oh, i closed public comment. >> we'll take those we'll take that without objection. >> and can i have a motion to for the record item 6 to the full board of supervisors with a positive recommendation okay without objection that will be the order madam clerk call item 4. >> item 4 is an ordinance admitting the zoning map for modification of career used in the commercial district. >> president chiu is the author. >> good afternoon supervisor wiener and supervisor cohen and supervisor kim from supervisor david chiu's office the ordinance before you today is part of a larger effort that began some years ago i want to appreciate tom's efforts it began as one large ordinance but

broken down into more digestable ordinances and they came from the legislation that were approved including transferable development rights and it helps for the commercial uses we're happy to move some of the items through speaking broadly this is upgrading the section cloed code to implements of the streets plan and walkable straights and reducing traffic congestion that's a big topic today by encouraging walking and helps us to reuse historic buildings and encourage local businesses to thrive in san francisco i want to note that some of the provisions related to van ness they could side with the van ness rapid transit that makes it

easy to used by clarifying the useful controls and deleting packages of controls that have out lived their relevance for example, a provision relied to the horsepower restrictions that's not up to date and advance the goals and policies of the general plans this ordinance does focus on the dense walkable part of downtown and chinatown and van ness it has an impact outside of the area we've worked with the neighborhood groups and sf heritage and the small business commissioned diego is here he's standing in for aaron starr and next week i have a limited request of the committee i have an amendment as a whole that

will mostly delete ymentd sections of code so any request would be rather than going into 7 or 8 of the details of the legislation i will request for the committee accept the committee as a whole to give the public a chance to look at it and aaron starr and i will go into it i have that for the clerk and copies for the committee members and few for the public utilities as well. >> the request to adapt the amendment as a whole and have a better discussion next week we'll be entertaining formula retail next week so it had been a long day. >> i will be watching all that afterwards okay. so i assume both of the departments defer their presentation until next week

that might make sense until you have a burning desire. >> mr. sanchez is kindly here i think it makes more sense for aaron starr with that, anyone from the public wish to speak on this item any public comment on item 4 mromd. >> thank you. i won't be able to be here next week we have an all day meeting i wanted to is that this ordinance has been a long time coming as you get a chance you'll see familiar provocations we broke interesting ground one example trying to encourage accessory production uses if you have a retails business the rules in c skrakt are restrict supervisor

wiener you've relaxed those businesses but this will catch the c district to the rules we have for the mc district and the van ness corresponding we talked about second street to make sure interests a land use responded to the consortiums on second street we made a big improvement this will lower the parking requirements to those of the surrounding district it's a much higher requirements than the adjacent neighborhoods there's a lot in here i think it is important for the city moving forward to try to make it more economically walkable and so on we hope that next week you'll support in and send it to the full board i want to thank supervisor david chiu's office for putting this together there's been things that have

been broken off this is the next big chunk any public comment on item 4 seeing none, public comment is closed colleagues president chiu has proposed an amendment as a whole can we take those amendments without objection? we'll take that without objection. those amendments are adapted and can i please have a motion to continue item 4 by one week okay. that item 4 is continued madam clerk, any other business before this committee? >> there's no further business. >> we're adjourn

business. >> we're adjourn >> we're adjourned everyone ♪ from coast to coast, cops are cracking down... on seat belt violations. buckle up, dand night, or expect a ticket. it doesn't matter who you are or where you live, they'll be on the lookout. cops write tickets to save lives. ( seat belt clicks ) click it or ticket.