that resolution more retroactive which is illegal for a permit today's amendment we object to the last minute changes not given to the public not posted we don't have a clear understanding in the community to evaluate those changes to determine if their substantive or not or the effect the property owners have relied on the permit and the city's reputation and have a you vested right to complete the work importantly 68 notices to their retroactively valid dictated could subject the property owners to a liability based on the permits after the fact of this legislation this is unclear whether the final issues of the

permits for the conditional use authorization under the controls new provision that such a permit quote shall not have a project team for the kwufks under the code there are far more problems with the proposal that can be listed in two minutes we believe we should have a continuance to address that that was mentioned moms ago. >> any public comment on this item? seeing none public comment is closed arrest colleagues, any future decision okay supervisor kim. >> thank you. i apologize there is one other piece of the substantive amendment that was not articulated under page had the further resolved line 21

just adding subject to posted notice and the requirements a lot of to read the rest during the dependency any commercial use that are converted without benefit of a permit shall be deemed abandon and the subject for the 15 today's that's my stated fact of amendments i ask for a resolution to amend. >> so you've made a motion to amend we'll take a vote on the amendments. >> is there also a motion to move to the. >> i was going to do the motion to amend first. >> no, we have a second for the motion to assassinated all right. by supervisor kim and supervisor wiener this motion is amended what would you like. >> ami i'd like to move this forward with a positive

recommendation. >> that's wonderful a motion made seeing that there is no objection this motion passes unanimously with a with a positive recommendation for the committee report. >> madam clerk item 2. >> item 2 an ordinance amending the planning code for the dwelling unit for the limit not a specified code requirement and supervisor wiener is the author and will lead the discussion on item 2. >> thank you very much madam chair for agendizing this piece of legislation and thanks to my co-sponsor supervisor breed the housing legislation that will i think be a win-win for san francisco in essence when a building is flowing seismic retrofit while their at

it the property owner can add one or more in-law units into the building this legislation will provide is therefore, an incentive to add a new assessable typical moderate housing and it will sentence active building to undergo retrofits in the castro neighborhood a pathway to the rent controls in san francisco since the legislation provides the unit is being added into a rent control building the new unit will be rent controlled we typical say that you can't create new rent control units this is not the case in the legislation that will allow for

the creation of the rent control units and it has the support of mayor ed lee as well as spur and the housing coalition and the city and recently received unanimous support of the planning commission we know we're in the midst of the housing affordability crisis we've failed for decades to produce the number of housing unit to match the population growth we've been growing for more than a decade by average then e 10 thousand new residents during one year yet on average produced 25 hundred new housing unit every year the housing production is beginning to accelerate we have a long way to go to dig ourselves out of the crisis where the average represent it $3,000 a month in-law units are the most

favorable type of non-sub actives housing their smaller than affordable unit and typically on the ground floor and less fancy and also in many buildings more affordable than new construction to build since their existing infrastructure in the building in addition the in-law units are currently decentralized and typically have our commonly have disputes in the city around height and bulk and those types of impacts the in-law units are within the exist sentences and sprirntd throughout the neighborhood not concentrates in one ear they are more affordable for the various studies from uc berkley and hud and from aarp so i know that the planning

department will describe the ordinance the legislation allows the properties to audio accessory in-law units within the envelope in the may or may not or volunteer sites therefore creating new housing as well as an incentive to retrofit the building we're continuing to work with the department of building inspection on developing a set of equality sisters standardized the bulletins that help people that can't meet the current building code within the needs of the building the legislation we passed related to the castro in-law units and supervisor david chiu's legalization program required dbi to issue

those i want to thank the planning department staff. it's terrific work on the legislation building on the work it did on the previous legislation and want to note that the planning commission did make several recommendations at the meeting i support all the recommendations and i i've distributed written amendments colleagues and after the comments i'll ask for the 0 non-substantive amendments to - this will require monitoring of rent in the unit and reporting so we can see how it's going in terms of the affordability of the unit and there are some other organizations on the technical amendments colleagues this is important legislation there's no one solution to the housing crisis we have to try a lot of things and making our

planning code more flexibility with right to housing unit so if no questions or comments opening up i'll i'm going to turn it over to the planning department >> thank you planning department. >> good afternoon. i'm with the planning department staff as supervisor wiener described this ordinance will allow additional building unit beyond the units that are undergoing retrofit voluntarily i'll describe the program the soft story building program after many years of announcements the city adapted a mandatory program to seismically

upgrade the structural weakness in the wyoming first story building because of the great floor those soft story buildings are vulnerable to earth and in case of an earthquake the building subject to the may or may not program are buildings that are 3 or more or 2 stories over basement with 5 denials built between january 31st, 1978, the first ordinance will provide an incentive for property owners to comply with the seismic retrofit program

some financial incentive currently existing for this program but this ordinance will allow additional unit and revenue generated from potential renting out of the unit will help the property owner to offset their costs of seismic retrofitting those are second in-law units those are units that are subordinate to the compared to other units in the building because of their location in the building and on the ground floor it is usually lower ceiling heights that may have side entrances and maybe less the exposure and this ordinance

restricts the size of the units to be limited by the existing footprint in the building in the existing building therefore this creates a subordinate nature and therefore those units are known to be affordable by design because of the new units being built as supervisor scott wiener mentioned this is supported by many research academy research and looking at the rental prices on the rental listing on the websites and the specification of this ordinance is similar to the castro legislation before you a year ago that allowed for similar units it will require the units to be rent controlled

in the existing building and provide administration waiver for certain planning code requirements for open space and rear yard and parking the planning department and planning commission supported this naming the the first providing of market rate unit that are being built right now in the market, and, secondly, those units will serve as an financial incentive to help the property owners to upgrade their belief and the hours stocks will serve the city with earthquake repair and you'll be able to stay in our housing in case of an earthquake rather than finding temporary

housing that concludes my presentation. i'll be happy to answer any questions questions. >> thank you very much for that presentation. >> supervisor scott wiener mission bay anything to add. >> i believe supervisor kim may have something. >> sure we'll go ahead and go into public comment i have 3 cards (calling names) okay tom why don't you come on up and tim get in line. >> good afternoon, supervisors tom with the liveable city i'm here to speak in favor of the amendment this is a great way to conserve the building materials and conservatives neighborhood

character where do you put the new units and the thing about the ordinance those spaces will be in the buildings that are currently being used i mean, i'll not go into details the reasons were explained by did supervisors and staff we think it is an outstanding piece of legislation a great way to add the rent control unit in the city it is possible through the in law legalization we hope you'll support and say kudos to supervisor wiener for the housing legislation before this board we appreciate all you're doing to relieve the housing crisis. >> thank you. >> thank you. next speaker, please. >> hi, i'm alyssa representing spur thank you for the

opportunity to allow me to speak. >> i'm sorry maybe speak into the microphone. >> seismic retrofitting to make it easier to build the building unit creating more homes across the city it didn't change the impact on the neighborhood infrastructure ada use provides free pays for the housing units that are affordable by design because their size location and physical restraint this ordinance provides incentive for property owners to have earthquake safety for seismic earthquakes conditions this is a great opportunity to my own spur supports this and thanks supervisor wiener for his

sponsorship. >> thank you. next speaker. >> tim cologne i'd like to commend supervisor wiener on this common places legislation it unit two vital issues for protecting the housing stock and building new housing that is not affordable the next great earthquake will tear the hell out of housing it is vitality important we upgrade those buildings that are subtle older and less up to code we like this legislation gives a clear financial envelope to help it is costing but more importantly it promotes the type of housing we love it is smaller cheaper and should be located throughout the city we have a strong policy interest in wanting to see the

nabtdz around san francisco there's no single solution to the affordable crisis by this is a good one that should be tripod and put into use we don't want to see restrictions that takes away the incentive we want people and building owners to take advantage of this it should go ahead as is thank you. >> thank you very much. next speaker. >> it's important to understand the soft story program is a key to air force the series dwelling units help provide an incentive within 4 years the unit will be paid for if you tie the soft story program with those units you'll courage 10 thousand and 2 thousand units will be added in the program we need to clear up a couple of issues in the

building code the soft story program didn't allow you or an soft story work it has to be tied together so you're doing the seismic now to protect the units to gain the benefit of a unit that within 4 years will be worth a couple hundred thousand dollars and paid for and tweak a couple of things the sprinkler requirements particularly there's going to be a future sprinkler ordinance for agreement buildings clean up that up and the other issue to make that cost effective to the heat that is tied into the building electrical system for solar thank you. >> are there oh one more speaker come on up. >> hello, i'm here in favor of this legislation it is a unique

piece of legislation that will benefit landlords and tenant currently involved in two projects one is also it may or may not retrofit it works well, for both of them the address unit will offset the costs of retrofit and it is going to compel the property owner to help the building to do the retrofit that works well for the tenant it provides safe housing that is code compliant with an additional unit and the city will know about the rents and so i think it really works for all parties involved. >> thank you very much is there any public testimony okay seeing

none, public comment is closed. >> supervisor wiener. >> i know the question came up i want to make a few comments thank you to the members of the public that came out to support the legislation first of all we have over a number of months received a number of expressions of interests from building owners that want to utilize the legislation and thank you to the department of building inspection for novelist the members of the public that the legislation is in process, of course they can't guarantee anything will pass but people that want to utilize it can wait a little bit and do so in addition the substantive points about the building code are and other codes are important we know that project

of within the zoning it gets caught up with building issues since those unite can't comply with 2014 bladz that's why it is important that the dbi is coming up with the equivalencies the first unit under the castro legislation came out of the planning department was approved by the planning we're exciting it got catch up in terms of the code compliance but has been removed this is you know going to be a little bit of a process early on i am confident that dbi will iron out the issues within the process thank you. >> thank you very much supervisor kim. >> i had a couple of questions actually in relation i thought

the council meeting of community organization that made comments on the legislation there was on 3 pieces one is there a monitoring piece of legislation. >> through the chair one of the amendments we're offering today repeal cats the monitoring provision that we put into the castro legislation periodic reporting required reporting about the rents so we can get the acceptance of affordability so if mandated that will be in there. >> that's important i support us thinking of creative ways to add the units to the housing stock i'm occurs not only this legislation particular but all our legislation around the accessory dwelling units for the past supervisor chiu's legislation or in the castro and this one what impact it has on

the dwelling unit and what prices are they rented at what afternoon income has this been targeting in practices and two other points i'm curious when i wanted to understand a little bit - so i doesn't see the differences between the chiu legislation and supervisor wiener for the castro versus the in-law unitsful in general the subdivision in lots supplied prohibition it's my understanding through supervisor david chiu's legislation if you opted into the legislation and legalize our in-law units you'll be prohibited from selling it as a separate unite that was not done in the case of the castro the castro ordinance which i do not i'm trying to understand what type of units what kind of

buildings this legislation will combating impact because i think that supervisor david chiu's - will this catch up a or cast a larger net than that. >> i can respond and, yes this will definitely apply to multi buildings and analytic the buildings in retrofit it will be multi unit buildings the soft story retrofit is 5 or more or 3 stories or higher although you could see a 3 story building this is not common so typically be multi unit building. >> i have a map of which buildings this applies to i'll

put it on the - >> that would be great i saw it in the handout it was black and white so not clear sfgovtv can we get even though overhead. >> there or will there be single-family homes in supervisor wiener ordinance that is not supervisor david chiu's ordinance. >> the soft story program applies to the believes that have 5 unit or more not single-family home. >> this applies to voluntary retrofit you could have a 3 soft story that will be able to participate that is retrofitted specific in the code el else where so non-mandatory can

participate. >> the nexus is to increase the housing stock that remain a rental unit i understand the complication if you're talking about units or more i wonder if there's a way to i think that supervisor david chiu's former legislation are not prohibited from condoizing and some are i think there should be clarity and one set of rules for single-family homes. >> so president chiu's legislation there's a distinction the units covered by president chiu's legislation

those are long term units that tenant in them we're talking about here in the castro legislation trying to incentivize owners to go through the many steps of actively building a brand new unit this is not about taking an existing unit to get it up to code it could be expensive we're talking about things that are not a living unit and turning it into a living unit i guess my approach is that the more restrictions that you put on when results less likely anyone is going to participate in it so when you look at especially a single-family home home there are few through a seismic retrofit but someone wants to

turn their garage into 0 living unit i'll be honest i have spoken to a number of people that did this illegal or want to do this they'll want to convert the lower units to live in the lower unit they can't get up the stairs anymore so those situations are varied that i am hesitant to say if you do this through the printed in the record process and so on and so forth your reward will be you'll be banned if the condo lottery that's my terms in responding to those. >> we have time before the board i want to understand but i appreciate supervisor wiener's point so maybe i can sit down to

understand the universe of buildings a little bit better than and again, i understand for multi unit buildings this is a tough position for the multi use building i want to think about the balance of single-family homes and their ability to condo vices. >> through the chair one thing i'll mention that this legislation does not apply to rh w one and the reason for that because there are so few single-family homes that going retrofit it didn't make sense single-family homes are not within the areas that are eligible for this zoning change. >>