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 >> we're adjourned everyone