looking onto page 20, the outcome. 91 appeals were decided. 50 of those appeals were denied by vote, upholding the underlying departmental action, 33 were granted with conditions by the board. seven appeals were granted. so that's a very small number. and one appeal was denied by default when the board was unable to muster sufficient votes. so that's good. it shows that the board is pretty -- voting together most cases. most all of them. >> [off mic] >> yes. and in terms of looking at rehearing and jurisdiction requests, rehearing requests, nine were denied, two withdrawn. jurisdiction requests, one was denied, one granted and three

withdrawn. the numbers over the years have gone down a built by it in terms of volume and jurisdiction requests. looking on page 23, geographic distribution, not much changed there over the years. you can see in red, those are all the address points of the permits that were issued to properties at those addresses. so it's the northeast quadrant. i just want to touch quickly on 24 on the appeals management system. it's been really great. it's a significant improvement. it's unbelievable. i feel like we are in the 21st century compared to what we had before. and i think it's really incredible in terms of reporting capabilities. our old system, we had to export everything from our system through access and then cobble the numbers in compel. there was a lot of room for

error so this is going to be more accurate data. we saw a number of very large sunshine requests, like even for this recent case, they wanted to know all the d.b.i. revocations so ms. sullivan did an excellent job going through everything. but our new system really helped us go back and see which departments we can easily run a number of different types of reports, anything, really, with sales force, you just add different parameters. so it also helped us with the sunshine request for the wireless cases, the civil grand jury asked for all our wireless cases. and no problem, we could whip that out very quickly. and so that's great. what i'm very happy about, the new system is that it creates agendas. so our old systems did not have the capability. so it was actually manually, every time a case was rescheduled, someone had a cut

and paste from one word document and put it on another and that was gather, and he was absolutely fantastic. and when he left i was saying how did he do this? because i was doing it and making mistakes. but the new system, unless you don't enter in the system, this wouldn't happen. it's just great. so it keeps track of all the cases. the system does that. we'll have the ability in the future to -- we are going to be able to integrate with the treasure collector which is another great feature so we can take payments online and at the kiosk at the new permit center. so we won't even have to handle money anymore, which is great. so i feel like we are a built old-fashioned now. we only take cash or check and one of my staff members walks up to city hall once a week to make that deposit. so this system will really help us. i think once we move, we are going to have that capability in

place. just moving forward and moving along to the budget, page 27, of course i'll do a thorough budget presentation in february. but this is looking back. and we had a pretty good year. i think we were worried. our projected revenue -- our actual revenue was below our projected revenue. but our expenditures were less than our projected expenditures. but if you turn on page -- the next page, 29, it gives a breakdown of where our money goes. but we did use money from the reserve account if you look at the table at the bottom. because we did make one payment on our new appeals management system of $38,000.

obviously it costs more than that. we made subsequence payments and those will be reflected in fiscal year, the next fiscal year. but our reserves will be adjusted based on our revenue surplus or deficit. so there will be an accounting toward the end of this year. and then on page 30, after extensive analysis by the controller's office, they only suggested that we increase the surcharge by 50 cents for planning and d.b.i. this is for fiscal year '20. for d.p.h. to 4450. and just as a recap, most of our income comes from surcharges, about 95 percent. every year the controller does a calculation, should we raise or lower them, and we did have a significant reserve account so the whole purpose of the fee is

to be cost recovery for the board's expenses so since we had a large reserve, the thinking was we need to reduce it because we are overcharging the public if we have such a large reserve. so that will go down. i mean, we took money out of our reserve this -- well, last fiscal year to cover shortfall. and then just 58,000 this year. and we have the other payments for the appeals management system. but -- >> i made this comment last year. i think the year before. i disagree with living on reserves. and with the reduction, it's simply the reduction in fees related to telephone, you know, the telephone installation appeals that we won't get this year is going to have a financial impact.

and i think that -- >> well, okay. go ahead. >> yeah. so and also if there is a building slowdown because there is a projected -- this boom has to stop sooner or later, and it seems it may be on the horizon, although people have been saying that for five years. i think we should be very cautious about continuing the practice of eating away our reserves. because ultimately, we are going to have to raise our fees astronomically, and people are going to say you just raised your fees 15 percent because we had to when we should have been gradually raising them. i anticipate that day when it's a paradigm shift. >> i completely agree with you. i argued long and hard with the controller's office. i had the manager involved with

our analyst and this is the end result. and they weren't changing it. the good news is it hasn't been reduced that much. it's been reduced some. but yeah, i agree with you. i'm more in line with your thinking. but ultimately, at the end of the day, i can't make that call. the controller's office does. >> i have to make the same, because i got to go on the record. i hope that you bring my comments to the controller and to the people who are giving you that feedback that we are spending on borrowed -- continuing to borrow money, really, that's what you do when you are eating into reserves and ultimately we are going to run out if we continue to do that. and murphy's law, perfect storm, that's when the bottom falls out and we go into deficit. and i think it's a very, very ill-advised practice. and 50 cents cents isn't going to break anybody, one dollar, two dollars, three dollars, it was 10, 15, $20, it would be a

different story. but we are not -- a little bit more is fully appropriate. especially with the increases in construction costs and the overall project costs that we are all planning on. so that's it. i don't want to stay too late. >> thank you. so at the end is the litigation report. we do have new lawsuits filed against the city. so you are familiar with those cases. and we have other pending decisions. but let me know if you have any questions about the report. we do need to vote on whether to adopt or approve it. >> and i forget, because i read it and wasn't looking at me -- did you put in the document that we made a special request to the board of supervisors? >> yes, i did. >> it's in there? >> it's in there, yes.

>> i just wanted to say thank you so much to you and the staff for preparing it and all the work you did. >> thank you >> it's a nice variation. >> thank you. >> move to adopt the annual report. >> okay. is there any public comment? [laughter] all is right in the world, right? okay. so we have a motion from vice president lazarus to adopt this annual report with the correction of the typo that was identified. [laughter] on that motion, [roll call] >> good job, and we are adjourned. >> thank you. the motion carryies. >> good job, everybody.

... [cheers and applause] >> let's give it up for the tree all right. good evening, everyone. around of applause for the young people theatre company and its director. they were amazing. they will be performing the little mermaid next month at the museum. bring your family, come out and support.

all right. let's get everybody up. are we ready to light this tree? [cheers and applause] [♪] my name is phil ginsberg. i am the general manager of your san francisco recreation and parks department. we want to welcome you to the 90 th, think about that. the 90th annual tree lighting. this started december 20th, 90 years ago on john mclaren's birthday and his spirit is here tonight because it is not raining. [laughter] this is truly one of our signature events of the year. certainly one of my personal favourites. and if you see all the incredible stuff happening here down j.f.k., if you haven't walked down the street, there are rides and food and games and you get a goat of conservatory of flowers from night bloom or the outside of the building and the inside of the building are

all lit up. it is super cool. the start of our show tonight is right next to me. our mayor, london breed. mayor, thank you for joining. we will have you wait just a second. the mayor is a magician and she will make the magic happen tonight with this tree. before we make that happen, we need to acknowledge some other special guests who are here that make this happen tonight. they have joined me on stage. present tonight we have state assembly member phil taking who is right there. [applause] i think our assessor recorder carmen to is here or on her way, and then we have our recreation and park commission, our president, mar buell -- mar you will and all of the

commissioners. we have a number of other folks from the parks and recreation advisory committee who are here who helped guide park policy. we are grateful for their support. and i see a few special department heads starting with our police chief bill scott who is here. i saw deputy chief david lazar, the head of the department of the environment is here. and many other special guests. if i have missed anybody on this stage, i apologize. i saw a project level in the house. thank you very much.

we do events like this four times a year. our family friendly free events would not be possible without the generous support of our sponsors or partners including kaiser permanente, byward market , the san francisco parks allianz, i saw the president of the parks alliance in the house, and recology. and of course,, none of this would be possible without the hard work of the best staff. the best and hardest working staff in city government. the recreation and park department staff. let's give them a big round of applause. [cheers and applause] so let me talk for a quick second about the tree itself. this is san francisco's official holiday tree. this tree was planted by john mclaren. it is a monterey cypress that is

over 130 years old. it has aged a little bit. it might have lost a limb or two over the years, but it is still standing tall. tonight it is sporting over 550 lights. and what makes this tree lighting special is that this is the last tree lighting, this is 100 -- the 149th year of golden gate park. so next year we will celebrate the hundred and 50th birthday of our entire park system in san francisco. let's give that around of applause. [♪] i mentioned our partners and i want to bring up one special partner. we have many, that help us provide programs and provide services for kids and help us to

special events tonight. one of those partners is kaiser permanente. tonight, the chief operating officer of kaiser his here to join us in celebrating the start of the holiday season. help me welcome miss miller who will come up and say a few words [applause] >> good evening, everybody. happy holidays. welcome to tonight's festival on behalf of kaiser permanente. we are a proud sponsor of recreation and parks' annual tree lighting ceremony. can you believe it is 130 years old? what we would like to do is celebrate tonight and also welcome you to the theme for this next year which is making friends one data time. the 150th anniversary or celebration of golden gate park. 150 years. give that a hand. [applause] in honor of that, we come

together across this beautiful city to this world renowned park to meet with friends and family and to make new friends as well. reminds me of the campfire song, make new friends, but keep the old. that is how this city grow stronger and strengthens through his relationships. we will continue to support these beautiful events and we hope that you, too, will take advantage of tonight's festivities. thank you again on behalf of kaiser permanente. >> thank you. all right. so she is truly our park champion and chief. let's get it lit, she says. she really likes to party and she is not particularly patient, but let me bring her up. ladies and gentlemen, our mayor, london breed. [cheers and applause] >> thank you.

all right. i love the theme music. first of all, thank you all so much for coming out today and braving the rain to be here with us tonight to celebrate 90 years of a time honored tradition here in san francisco right in front of mclaren lodge. this is an amazing, fun event. fun for the whole family. i love the idea that we have so many incredible officials here, but i will need some kids to help me light this tree. [applause] so i see these patient young people raising their hand right down in the front row. have your parent bring you on up to the side of the stage so you can help me like this tree. [♪] i need some help here with this switch. [♪] all right. come on up.

i think we might be almost at capacity. hold on. come on over. come on, you guys. are you going to help? do you want to help? yes, i love it. you are brave. okay. this is what we are going to do. gather around the podium. gather around the podium, kids. stop trying to crash, parents. all right. because we know how to count, we will do the count down starting from 10, and then we will hit the switch. i will ask you, what is your name? >> jr. >> i will ask you and what is your name? >> sia. >> i will ask you to put your hands here because when i say to

move it and to liked it, then you have to switch it real fast. okay? everybody in this place is going to help us count, but not until we say -- we will start with 10. are you already? are you ready? okay. let's start. ten, nine, eight, seven, six, five, four, three, two, one. [cheers and applause] >> good job. thank you so much for helping us here today. have a wonderful december celebrating joy with your family friends and community. happy holidays, everybody. [♪]

francisco. >> my name is fwlend hope i would say on at large-scale what

all passionate about is peace in the world. >> it never outdoor 0 me that note everyone will think that is a good i know to be a paefrt. >> one man said i'll upsetting the order of universe i want to do since a good idea not the order of universe but his offered of the universe but the ministry sgan in the room chairing sha harry and grew to be 5 we wanted to preach and teach and act god's love 40

years later i retired having been in the tenderloin most of that 7, 8, 9 some have god drew us into the someplace we became the network ministries for homeless women escaping prostitution if the months period before i performed memorial services store produced women that were murdered on the streets of san francisco so i went back to the board and said we say to do something the number one be a safe place for them to live while he worked on changing 4 months later we were given the building in january of 1998 we opened it as a safe house for women escaping prostitution i've seen those counselors women find their strength and their beauty and

their wisdom and come to be able to affirmative as the daughters of god and they accepted me and made me, be a part of the their lives. >> special things to the women that offered me a chance safe house will forever be a part of the who i've become and you made that possible life didn't get any better than that. >> who've would know this look of this girl grown up in atlanta will be working with produced women in san francisco part of the system that has abused and expedited and obtain identified and degraded women for century around the world and still do at the embody the spirits of women

that just know they deserve respect and intend to get it. >> i don't want to just so women younger women become a part of the the current system we need to change the system we don't need to go up the ladder we need to change the corporations we need more women like that and they're out there. >> we get have to get to help them. >> this time. president melgar. [roll call] >> first on your agenda is items proposed for continuance.

2013.0689cua 2 henry adams - located on the west side of henry adams street under your regular calendar for case numbers 2018 for 1776 green street, conditional use authorization and variances proposed for continuance to january 9, 2020. i have no other items proposed for continuance. >> do any members of the public wish to provide public comment on the items proposed for continuance? >> thank you. regarding 2 henry adams, we needed to kick it out a week to put last materials together. you'll see the cases from 2013. if there's any opportunity to

get on the december 19 schedule, we would appreciate it. i just wanted to put a shutout for that. so thank you for your consideration. >> thank you. any other public comment? with that, public comment is closed. >> motion to continue items 1a, 2 and 18a to the dates >> second. >> thank you. on that motion to continue items as proposed. >> commission fung >> is there any response to the request for the 19th versus for 2 henry adams? >> jonas? >> well, the only reason we chose january 9 is because december 19 is closed. we have a full calendar. >> okay. sorry. >> on that motion to continue items as proposed. [roll call vote]

that motions passes in a minute- unanimously. >> your consent calendar. all matters are considered to be retune and may be acted upon by a single roll call vote. there will be no separate discussion unless a member of the commission, public or staff so requests, in which case the item will be considered as a separate item. item 3, case 2019, 1401 first anniversary. i -- avenue. >> motion to approve. >> second.

>> very good. on the motion to approve item 3. [roll call vote] that motion passes unanimously. commission matters, item 4, consideration of adoption draft minutes for the november 21, 2019 closed session and november session as corrected. thank you, commissioner diamond. your minutes reflect on the final d.r. on 19th street under discretionary review calendar item 27. diamond johnson koppel and melgar. richards, you were against. we will correct those. >> commissioner moore. >> i have a comment. i was at the meeting of page

five, second paragraph. page 6, lower part. third line from the bottom, the surprise there. i'm not sure how to understand that sentence. >> so page six, third from the bottom? >> yes. >> ruining the surprise. >> we take these down verbatim from the audio. but we'll look into that. >> and then that's it. >> okay. does anyone have any public comment on the draft minutes? with that, public comment is now closed.

>> move to approve. >> second. >> on that motion to adopt the minutes for the november 21 closed and regular session as corrected. [roll call vote] that motion passes unanimously 7-0. item 5, commission comments and questions. >> commissioner moore? >> i would like to ask the commission to consider a discussion on the following. i see in gas stations where we have small service space which is like a tiny little local repair, that there are more and more being eliminated in making room to commercial component of retail expanding into sellingly core and alcohol -- selling liquor and alcohol. we are losing important labor space as we continue to eliminate gas stations, the

ability to have a quick repair done at the gas station, including supporting small businesses is being lost. we had a discussion about that a few years ago when on the corner of california, for keeping the service bay. women said we don't know anybody else. this is the person we trust with our small car repairs, and now we are seeing an erosion of that particular element in gas stations. i would like the commission to think about that. i would like us to fold that discussion into a broader look at service stations where they are located in serving the city as a whole. >> thank you, commissioner richards. >> to commissioner moore's point, i read a few times here about the lack of gas stations, they have to drive across island in manhattan to get gas-related products.

when we had the market octavia plan, somebody brought up the fact that all the corner gas stations are going to be turned into housing and i laughed at them like that's the whole point. and we started talking about a census of gas stations. at one point there were 100 and now there's 70. so maybe we could see the changing phos face-to-face of how we fuel our car -- face of how we fuel our cars and look at creative ways like they have in japan and europe where you don't have to have a gas station. you can have a filling facility or a right on the curb pump so we can still have a good use of the land but also still, until carbon-emitting cars are eliminated, be able to service, i think that's a great idea. it should be larger for the retail discussion that we have on our action item, the last big item that we haven't really

addressed yet. so just a question. i don't want to regurgitate. there's an article in the paper yesterday, a law on housing, judge says san mateo can ignore california's statute. i read the article and got confused because there's rulings the charter cities don't have to follow it. there's some challenges to s.b.35 out there. i would love to have the city attorney write us a memo on where everything stands, because we get people coming up here and saying i'm going to challenge you on x law or y law because you are going to cut ten feet off my bedroom. i would love to understand where all this litigation stands. >> sure. deputy city attorney austin yang. we have issued several memos on housing accountability act. and we are tracking the san mateo case. it's at the trial court.

and we will continue to track it. and we can keep you up to date. >> and the huntington beach case. >> sure. >> i'll call you. there's several out there. one other thing. in order to save time for the december 19 hearing, i canvassed a few commissioners and asked them if they received this memo dated december 10 from the director on the 4849 project. it's addressed to we planning commissioners. and nobody that i talked to said they received this. what i would like to do is hand this into mr. ionin along with a set of questions i have so we can give them time to come answer the questions so we are not burning up time in the commission and to get this issue resolved on the 19th. nobody's gotten this memo. i think you need to get it. it's addressed to you. and there's a lot of questions. so i would like you to distribute this for -- and also

have him respond to that or bring answers to it. we are giving him two weeks. >> thank you, commissioner. anyone else? okay. >> seeing nothing further, we can move onto department matters. director's announcements. >> thank you. one item to talk to you about. it relates to a project that you heard of on the october 24th. at that hearing you heard an update of approved conditional use allowing a patio use for a restaurant on 458 grove street. it had been approved a year ago to operate until 10 p.m. at the hearing, the neighborhood filed a complaint and had concerns about the noise level. he filed a complaint with the department as well. we did go out and look at that. at the point we went out, we were unable to verify there was any violation.

so as for context, you had heard this item immediately after the ocean avenue item. it was late in the day. and there was a little bit of -- staff wasn't clear about the direction that we were being given. so our intention at this point is to proceed with the complaint, do further enforcement analysis to see if there is a problem and get back to you to see if we find a problem. if you would like further hearing, we can do it at that time but our recommendation is to allow us to do more analysis to go out there in the evenings to see if there's a problem and get back to you then. so with that, i have no other announcements today. thank you. >> very good. if there are no questions, item 7, review of past events of the board of supervisors and board of appeals. there was no historic preservation commission hearing yesterday. there is no board of supervisor report. so there is a report from the zoning administerrer sanchez. the board of appeals did meet

and considered three i'ms that may be of interest to the planning commission. item 1, 610 delmar, they heard the denial of building permit for a deck at the hear as noted in past summaries the board continued this item several times to allow the parties to meet. the parties were not able to come to a resolution. in the d.r. action they based their denial on a previous private agreement for a similar proposal. the board voted unanimously to overturn the denial and approve the project, noting the staff d.r. analysis found the project to be compliant with guidelines. the board noted the city doesn't enforce private agreements since the planning commission's decision lacked any other base. item 2, 22nd street, the board heard the appeal of d.b.i.'s revocation of nine building permits. the board found the project sponsor violated building and

planning codes by providing inaccurate plans and exceeding the work of scope on the permits, including work that will require a variance to legalize. the board also questions whether the permit should have been suspended rather than revoked. they continued the item to allow them to work with d.b.i. to provide complete plans and establish a path forward. item 3, annual report, lastly, the board heard and adopted their annual report and the department will forward the final version of the report to the commission when it becomes available. seeing no questions, we can move onto general public comment. at this time members of the public may address the commission on items of interest to the public that are within the jurisdiction of the commission, except agenda items. with respect to agenda items your opportunity to address the commission will be afforded. each member of the public may address the commission for up to two minutes.

i have two speaker cards. >> thank you. christy evans and georgia. anyone else who wishes to come up and provide general public comment, you may do so now. >> hi. my name is cricetinae vans. i'm the president of the haight-ashbury merchants association. i'm here to call your attention to 1672 haiti street. -- haight street. you can see a headline that appeared that a new business is planning to open in the former record store location. normally this would be an on occasion for celebration that a new business arrived.

however it appears this is a formula retail. the website for the company, it appears they have approximately 30 locations. we have reported this to the small business department and have been in contact with planning and has been responsive to our e-mails so far this week. we wanted to make sure that we had clarity on how the city is going to approach this particular situation. the board of the merchants association met at our regularly-scheduled monthly meeting this morning. and they took a position that generally, we are in support of businesses coming into the street that has a number of vacancies.

however, in this circumstance, i believe it is also the building owner. so there was a vacancy in that location, nor was there need for them to close suddenly. but rather it appears that landlord has made a deal with a formula retailer and perhaps there is some confusion about what the compliance is in this particular case. and just to call your attention, there is another formula retailer with a very similar business model of secondhand clothing, a block away, that is going through the conditional use process at 1560. so the merchant association would like to hear more about what the city plans to do in this particular situation and circumstance and what it can do. it's also really unfortunate situation because we understand that employees have been hired and the business is set to open this week.

thanks so much. >> thank you very much. next speaker, please. >> good afternoon. i've been talking recently, if i can again, about a project for the kitchens or inefficient use of space. and it sounds weird but you'll get it in a minute. can i have the overhead, please? this is a picture of a restaurant, the kitchen in the restaurant. but here's the picture of a kitchen in a spec project house. to me they look very similar. here is the original plan of this house. it was an alteration, extreme alteration. and -- oh, sorry. there's the original kitchen there. see that little space. with bedrooms around it. and now here it is here, all this space. and then it was blown upside down stairs and down stairs.

why is this important beyond the size? well, there's a trend of cloud kitchens. and there was an article. i heard this from merchants. there was an article in the wall street journal on the eighth of november. and the uber guy is involved with it. and lo and behold, a few days later i get in the mail, thank you, a cloud kitchen on charter oak street that's undergoing environmental review, so it is happening, it is real. going back to the kitchen in that project, which i think should have been a demolition, here is the project as it was. that's next -- i can't talk about it now but some time i will. here is the project going through the work. here it is again. and i have photos of real demolitions. but i've forgot them. i'm sorry.

i want you to look at that part there. and imagine that the new construction is not around it. photos of real demolitions, legal demolitions showpieces of wood like that before they are gone. but in this one, the piece stays. so it can work with the demo calculations. and in fact, this project did have some issues with the demo calculations because the staff had to write twice to get demo calcs. the other thing about this project was that the entitlement was sold at least twice. so now it's on the market. here it is all done. for $4.3 million. so that's all. i just want to say that. i probably have something else to say but i forgot. it's six years i've been talking about. hello, commissioner diamond, welcome, good luck to you. six years in january, 2020, i started january 2014. so that's all. and i do think the kitchen thing

is really interesting, because you've heard people come here, you heard people come here and say nobody cooks anymore. so we have to have places to get food. i mean, some people may cook but you certainly don't need such a large kitchen in this square footage. it can be more efficiently done. so thank you very much. have a great day. >> thank you. any other public comment? >> good afternoon, commissioners. san francisco housing coalition. i'm ecstatic to see a full planning commission for what feels like the first time in a long time. i wanted to comment if anybody saw the united nations climate report that came out last week. a number of really interesting things. in it, perhaps not shocking to you, one of the things we noticed was a common thing on how updating apartments really does lead to negative environmental impacts and just reading from the published

report in some locations, the planning prevents construction of multifamily residents at high social and environmental cost. we all know that urban density is one of the things we can be doing to reduce our carbon footprint. cars are the number one contributor to total pollution in california. one of the many ways we can mitigate is putting jobs next to housing and connect it with high quality transit. it is not something easy or simple but it's something we need to do. thank you. >> thank you very much. any other general public comment? okay. general public comment is closed. >> very good. that will place us under your regular calendar for item 8. 2019-014348pca exemption from density limits for affordable and unauthorized units, board file no. 190757, planning code amendment to provide an exception from

density limit calculations for >> good afternoon, commissioners. kyle, aid for supervisor raphael mandell raphael. i'm here to speak to give a pathway for legalization for existing units and permit care facilities of seven or more people in hr1 and hr2 districts. i'll start with the density control for affordable units. the planning code applies limitations on the density of dwelling units. there is an existing provision that exempts affordable units from the calculation of density limits in projects where 20 percent or more of the on-site units are affordable, so long as the project is not in an hr1 or 2 zoning district, it is

not seeking a density bonus under other sections of the code, and the units meet the other requirements of the code. this legislation extends to all on-site affordable units from the calculation of density limits so long as the project is not seeking a state density bonus and meets other requirements of the code. this change will promote more infill development of affordable housing and removes limitations on the fordable housing -- affordable housing. this may pose complications but offers two recommendations that we plan to incorporate. the first is to exempt only voluntary affordable units from density limits. the second is to exempt 100 percent affordable projects from density limits. i believe staff will elaborate on these recommendations. i want to clarify our office does plan to incorporate both as we move forward. next, i'll turn to existing

unauthorized units. in 2014, legislation was passed to offer unauthorized residential units a path to legalization and in 2016, another law was passed that sought to protect these units from demolition, merger and conversion by requiring approval under section 317 to remove them. these legislative efforts resulted in two effects which we believe should be addressed and changed and which we seek to do with this legislation. the first is in the current pathway to legalization, property owners can only legalize one unit per lot so if there are two or five unauthorized units, they can only authorize one. it is our position the the the y should be encouraging legalization of as many of these units as possible. in the legislation, we removed the one per lot restriction and permit the legalization of all unauthorized dwelling units. the second provision is currently units with a history of no fault evictions cannot be

legalized. this was originally intended as a disincentive for landlords to evict tenants and increase rent. but this has been used as a loophole for property owners who wish to remove the unit, evict the tenant and remove the unit. if the goal is to protect tenants, this code section as currently written no longer serves that goal as staff points out. by removing the prohibition and adopting recommendation 3 which is to clarify that price control and that they are allowed the right to return in unauthorized units, we believe these additions will strengthen protections for tenants in unauthorized units by removing the incentive to remove a unit without approval. in closing, i want to thank little city for his help in crafting this legislation, the

planning staff for engaging with this effort and making recommendations we believe will significantly improve the ordinance, to judy from the city attorney's office for her guidance and to the commissioners for your time and attention. thank you. >> thank you. >> good afternoon, again, commissioners. planning department staff. he summarized a lot of what this ordinance will do so i won't go into it again but i'm happy to answer any questions or go into more specifics just to restate the recommended modifications, the first is to further amend section 207c, the state that mandatory inclusionary units may not be exempted from the density calculation and clarify that all voluntary affordable units provided through this program will not be included in calculations for determining your requirement of a project. the second recommended modification is to add a subsection to section 207c that would state 100 percent affordable projects do not have

a density maximum. and our third recommended modification is to add clarifying language to the administrative code regarding eviction protections for evicted tenants of unauthorized dwelling units. we did receive one additional public comment since the publishing of your packets, which i believe was e-mailed to you this morning but i have a copy here as well. the planning department supports the proposed ordinance with recommended modifications to section 207c and the code because it expands the ability to build affordable housing in low-density districts, closes loopholes in the program and increases the ability to build and legalize more a.d.u.s. in addition to us, we have people from our department to answer any of the more technical questions you may have. thanks. >> thank you. do we have -- i'm sorry.

do we have any public comment on this item? >> thank you, commissioners. executive director at livable city. welcome, commissioner diamond. good to see the rest of you as well. we are here to support this ordinance. it's near and dear to our heart. one is affordable housing incentives. this will open the door to small projects in every neighborhood in san francisco. the current density bonus home sf doesn't apply in rh1 and 2 so this would allow projects to be built without an arbitrary density limit around their affordable units. one problem we have with the staff recommendation about exempting required units is we think if you allow the required units to require inclusionary to

not count against the density limit, it might be an incentive to do on-site inclusionary, which we are always happy to see. we don't know if people will do it but why not allow it? if your staff are right and they don't do it, no harm, no foul. if they are wrong and people do it, you'll get not only a few more market rate units but you'll begin to see affordable units in neighborhoods and mixed income projects we wouldn't otherwise see. we would ask you to consider looking at exempting residential care from limits. a lot of zoning districts like nc1, you are only allowed one s.a.r. residential care, even though it is residential is considered a non-residential use for the planning code so limits would apply. if you don't list the limits, we are not going to see these residential care projects in every neighborhood like we like to see. so we would like you consider that as well. i think that would be a great