. >> commissioner antonini. >> i was clarifying the private right of action is not included in what we're voting on now but as we've horde a lot of people in the cue that are trying to registered. >> commissioners, if there's nothing further shawl a call the question on item 6. >> on recommendation 6 to prohibited hosting platforms - commissioner antonini nor arrest commissioner hillis no commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong no that recommendation will move forward where a vote of 4 to 3 with commissioner hillis and commissioner antonini and others against. >> we're making good progress we've been here over 8 hours let's take a 5 minute break. >> thursday, april 23, 2015, commissioner we left off discussing item 16 abc. >> sorry all right. commissioner we're on recommendation number 7 is it or is to add a provision directing the mayor to set up an officer for the tax collects office we think this will provide a better experience for people wanting to think opposed the should recall registry all the offices in one sto

. >> commissioner antonini and ultimate it is up to the host to report every year and they we'll have to reporter honestly like the tax the tax malia cohen to report the number of nights to a limit to again we have to find a way to do it ever airbnb for instance, reports 90 days and go to someone else and grabs another from craigslist and someone else we'll not know ultimately the host is going to be the one that has to say i'm against we're supposed to vote not way you have a phrased. >> does not require. >> does not so we're voting yes on do not and commissioner wu. >> i agree with commissioner richards thoughts for enforceability is only don't need this type of information. >> commissioner hillis. >> can you remind me what the host have to report so unanimously they need to send a report to the planning department kind of signed under oath the number of days. >> yes. >> again, i that one hundred and 20 days we're trying to achieve this everything is enforceable it is not just liquor the planning code it is not it takes . >> o'connor a room is not available there is a meter to stop

. >> commissioner antonini. >> no commissioner hillis san francisco commissioner johnson by commissioner moore commissioner richards commissioner wu and commissioner fong so that recommendation theoretically will get added to the represents to the board of supervisors by a vote of 5 to 2 with commissioner antonini and commissioner hillis voting against recommendation two is to rehabilitate unit that have been subject to an ellis act from registering on the short-term rental registry the department buildings this will add another disincentive it allows someone to do a short-term rental after the period of 5 years it didn't cut them out of the market. >> commissioner johnson i'm supportive of this supervisor kim and supervisor breed decided to eliminate this amendment. >> mined was that supervisor breed want to take out her private right of action provision for units that have been subject to the ellis act violation. >> if i can jump in if those are were added by the board of supervisors to the full board you can't take it out she can't take it out herself it has to be forming because it g

. >> commissioner antonini and yeah. i'm favor sounds like the one hundred 20 is where our decision will be on the higher end we're providing other ways to police this for the host that is using it as you know number two, of full-time rentals i think we've got a lot of checks on the whole thing it does allow for the hosted people to have they'll have to go into the bed-and-breakfast but i'll fine with the one hundred 20 and commissioner wu. >> commissioner richards sorry commissioner hillis raise good points i'm in favor of one fabulous but to me one hundred 90 and one hundred 20 is how you're out of town so i would be supportive of idea of some sort of streamline bed-and-breakfast we've not researched it. >> commissioner hillis. >> i mean, i have questions on the breaking points of 247 is way and hasn't the brook point to be lower non-hosted you'll run is it as a rental property i have to dig through the numbers i don't know it didn't seem right to me the 247. >> we checked the numbers about the controller's office and

it is hosted or unhosted i like your idea of two separate numbers but i don't know commissioner antonini. >> yeah. i still stand by what i said a good analogy you fill out our form and report your income and send our w 23 and they make selective audit you tell them why they audit you i like the fact that is this full-time resident imthat is a way to allow the people to continue to make the necessary income they need to keep their units and if i can't get that passed i hope those who are registered will get a benefit and the bed-and-breakfast is not a bad idea by hope to go through a cu and an certain amount of expense i guess they can use their airbnb just have to priority i provide the breakfast. >> laughter. >> if i may there seems we can't get information from the tax collectors office how many how much they pie that's a clear line. >> i'm not talking about taxes i'm urging the anything else of the irs as a safe kind of system you thought you had people sign an affidavit their full-time residents the majority of the time. >> we do we just can't verify that with tax information. >> not

the individual line item. >> on item 2 for the prohibition the ellis act visitation commissioner antonini. >> no commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes that item will be recommended 6 to one with commissioner antonini voting against. >> commissioner johnson. >> thank you for your recommendations. >> scott recommendation number 3 to allow the city to have civil procedures against the platform as defined at any time in the kim and supervisor campos ordinance. >> commissioner johnson tucson i forgot to press the bottom this is one where commissioner hillis my vote depended on the explanation of a later recommendation to mr. star explain the current enforcement the erupted enforcement practice given that a later recommendation voiced a clank to the administration hearing and how those are invoked and used at what point is the city snuft. >> to clarify the latter recommendation right now it requires a hamburger and the change is to make that hearing something they

. >> commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes that recommendations will go forward unanimously unanimously. >> so recommendation go number 4 is to allow private right of action for nonprofits as outlined in the kim ordinance that will allow a nonprofit it is chart to protect housing in san francisco to sorry to initiate private right of action against unit with a ellis act violation or 3 or more registering or rent control united if there's a violation thirty days but basically after a period of 90 days they can initiate the private right of action. >> commissioner antonini. >> well, i'm not supportive of this i think it is encourages litigation and the city should be the litigationer why do we give nonprofits a special privilege above and beyond anyone else i mean you know we should stick with a firm controls of the city has and we should be the endorseer some groups get different motivates and you're not sure you've got all those lawsuit

. >> commissioner antonini. >> yeah. don't have a problem with pitt a fold in there to allow the number to be entered but if there's a number wrong or absent it should be up to the city to go over after the host the violator of the platform open the listings i understand the logics i don't believe this was part of farrell's. >> this was only in the supervisor campos legislation. >> i'm against this i understand it is only a fold required that's one thing but when we start to get into problems it's the host that should be the one that bears the burden of the fines they're operating without listing without a license. >> commissioner moore. >> i agree with the staff of verifying someone's professional business license you put in the number and if the number is verified are not a click of a bottom there's a mature responsibility between the hosting platform and the one who looking at room and there's a business transaction and the city should be able to see that and make sure who is within the rules that the city is operatin

. >> commissioner antonini any nonprofit or specific nonprofits allowed to do that and it is a nonprofit organization that has the preservation of improvement of housing as a stated incorporation and has existed for no less than 5 years. >> i think a lot of them it may say theoretically but they oppose a lot of projects in poor neighborhoods i'm not voting for this some of the major option comes out of those groups. >> so commissioners on recommendations number 4 to allow the private right of action commissioner antonini. >> no commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes with a vote of 6 to one. >> number 5. >> 5. >> don't take away progress. >> (laughter) the next department recommendation to add permanent owner residing within one hundred hundred photo to the interested in the supervisor campos and mayoral ordinance that depends on how you take the private right of action if you don't expand the private right of action to any interested party someone living with

> so commissioners on recommendations number 4 to allow the private right of action commissioner antonini. >> no commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes with a vote of 6 to one. >> number 5. >> 5. >> don't take away progress. >> (laughter) the next department recommendation to add permanent owner residing within one hundred hundred photo to the interested in the supervisor campos and mayoral ordinance that depends on how you take the private right of action if you don't expand the private right of action to any interested party someone living within one hundred photo of the unit to take action after the city finds a violation so bringing those that are directly effected to the short-term rental the impact on their neighborhoods into the definition of an interested party. >> the clarify the difference between this one and the last one. >> we're amending the definition for what on interested party is and expand the private right of action to the interested partie

. >> commissioner antonini. >> yeah. my only comments have to do what is not analyzed here about the the of exclusion of the analysis for the plan that was before the voters 20 years ago maybe arbitrate more a bond measure that had to do with irrigation of golden gate park at this time it didn't uses the recycled water part of the bond measure was the storage facilities in sunset heights has a advantage of a drop in elevation for irrigation in golden gate park one of the lower areas of the city and might make less pumping necessary because, of course once you've got the water into the reservoir probably gravity will allow to do a better job than the irrigation i notice you're going up to the presidio with a separate pump station but the idea of mentioning the analysis should also look as an alternative to using the heights we have particle the sunset high area is extremely high and perhaps minimize the amount of energy especially, when the years of drought we could restore water as we move through the years this is my co

. >> commissioner antonini. >> thank you. i'm familiar with this whole system i may have mentioned in 1970 my wife and i took a voj instead of going to hotels it would be too expensive we went sdirm free and that's what we do we stayed in people's houses a wonderful experience and economical i'm not o a stranger i think one statement that came in the flier the epic center is san francisco i was impressed by the owners and renter that acknowledged the cost of living in san francisco an innovatively to rent out units to meet their needs they didn't like blame someone yeah. this is what we're doing and this is what we're doing about this is rochelle to hear there are yes, a problem with housing shorthand but it goes beyond short-term rentals it may be a part of it but the housing short term is thirty and 40 years not building enough housing in san francisco one of the un23i7b9d consequences is people don't move you get a unit you're not leaving increase not as many market unit the ones that are there driven to a high costs every

. >> commissioner antonini. >> i was going to make a motion it sound like it is all there sro and tim with the emerald fund i talked with the project sponsor they are all studios with a full kitchen and bathroom it's not listed on the city i don't know if that answers the question of an sro or 0 not. >> i'll ask the administrator if we are capturing both the 31 studios that's high i want to see if that's properly matching the records. >> i trust with the project sponsor has put forward as evidence but we'll 0 laboratory and the discretion of the director if the layouts are conducive maybe the director can determine that. >> i'll appreciate that. >> to continue on i notice no matching lightwell for 45 polk i'm not sure the history of 45 polk is that a recent building okay. >> probably a similar vintage. >> so i'm supportive and yeah. did you want to bring - >> the 45 polk is an office building i'm not sure if that matter. >> i'm supportive of the motion and i understand that we agreed about 8 as a number on car shares thank you. i think everything else sounds it's good. >> commissioner

i'd like to take roll at this time commissioner president fong commissioner wu commissioner antonini commissioner hillis commissioner moore and commissioner johnson and commissioner richards are present commissioners first on your agenda is consideration for items proposed for continuance item number one conditional use authorization is property until that april that 23rd 2015 and the next item the castro street noah valley upper market transit district and paralyze zoned on market street planning code amendment for april 23rd, 2015, next item large project authorization is proposed for continuance until april 20th and next item at 1000 mississippi street is proposed until april 30th, 2015 item 5 for the next item cu a an west prosecuting attorney conditional use authorization is proposed until april 23rd and the next item amending regulations of short-term rentals and establishing a fee microwave forgive planning code amendments for april 23rd, 2015 and item 7 pca suspension of ordinance relating short-term rentals administration active and planning code amendments as for indefinite

. >> okay seeing none, public comment is closed commissioner antonini. >> all right. i think this is a good project we're looking to increase the density in an appropriate way and the zoning is 45 feet buildings adjacent to it are similar height to appears a lot of support we gain a lot more housing thereon before and plus a commercial unit and there's no additional parking being added which you know might have an impact on the neighborhood but realistically people are going to have cars that's seems to be the way things are without additional parking on the balance i think it does a good job happy to have the project sponsor work with the staff to make sure if we can so often the exterior as one speaker said to grounds and corners so it is not sharp 90 degree adams but a softer angle would help see what the other commissioners say. >> commissioner richards i agree with commissioner antonini if there was an appropriate place it is the the nc example d it added 4 additional bedrooms and no off-street parking some of the comments a better design it is age brutal as i lo

continue item 1, 2 ab and 14 ab and 15 ab. >> second. >> on that motion to continue commissioner antonini commissioner hillis commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero to be continued as testified. >> commissioners, that places you under your under consent calendar commission, and may be acted upon by a single roll call vote of the commission there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests, in which event the matter shall consent calendar and considered as a separate item at this or a future hearing. item 3 case cu a on scott street a confusion and item 4 at 3822 conditional use authorization and item 5 for the case cu a on hate street conditional use authorization commissioners, i do actually have one speaker card for item 4 for 24th street so i'm assuming this person jim would like to pull this matter off of community. >> if you want to you have to pull it off of consent if you're in support they're may n

. >> commissioner antonini. >> yeah. i understand the purpose here and to just clarify we have neighborhood commercial streets and areas that have different standards we've been through a lot of hearing on union street i remember a business wanted to locate to the second-story it was so residential a had to get an exception for the establishment but this idea of second-story to keep the ground floor active uses sometimes in the evening that people will enlighten the street rather than having business and professionals which often close at 5 o'clock in the earning and have a bunch of dead storefront they'll be located on the second floor obviously we want to build as much housing as possible and having housing open the two story but it is an active street and i'm in support of the way it's being done but i do want to make sure as we analyze all our commercial easier we also take into consideration in other places where you know using the two story for those type of uses might open up more lively uses only the main floor a

room commissioners i'd like to take roll commissioner president fong commissioner wu commissioner antonini commissioner hillis commissioner moore and commissioner richards commissioner johnson is present. >> commissioner first on your agenda items proposed for continuance item one agreement for disposal of municipal waste on the landfill in salon county the appeal t is appropriated until may 21st and the next c and d on market street conditional use and variance are proposed until may 21st 2015 further under your question of question of calendar commissioners items 14 ab and 15 ab d and b and we're in receipt from the project sponsor is request until may 7 and the dr requesters are a here and not in opposition to that for continuance i do have two speaker cards for that. >> okay. >> melinda and robin. >> hi good afternoon melinda i'm here on behalf of project sponsor for item 14 and 15 we are school board asking for the may continuance we've received different requests for the recent uses and project design and working with the planning and planning department to provide this information a

and the supervisors office to find a good way to implement that i also actually echo commissioner antonini maybe not taking the language of the recommendation on the future going back to look at 9 density bulls program from the stamping staff the reason is that because the density bonus program if finalized it is on the 35th to be something that depended on the rezoning district and not handicap ourselves that complicate things in the future how the density bonus program plays out to come back to the commission as it needs and may end up being something neighborhood by neighborhood and finally a question for staff what is the required parking ratio or non-parking space rubbers. >> when they were in the non commercial district they have maximum parking requirements now i think it is .5 as of right and .75 oc you. >> thank you mr. star definitely in support of both legislation with those changes. >> commissioner wu. >> thank you. i'm rehabilitation supportive element of the recommendation to have a cu for lot mergers are that i want to ask more about this possibility of amending for the dens

. >> commissioner antonini. >> yeah. just had a few questions about the design i think that is extremely well done but you you know it is not contextual there is no open space this is exactly why we're putting it in there but i don't know if there is any man to work on the edge of this building it needs more defined finished lines i see the glass barrier the frames the plazas itself part of plaza it just i think that is an important thing to do whatever we can to tie it into the surrounding neighborhood not a staircase difference without changing the design so often it and the other thing i want to ask that is a large station with a large open space it doesn't mean any future stations one in north beach at washington scarce has to have a large fingertip that is not setting a thank you for your comments on the first in terms of integrating the station with the ffb of the neighborhood we'll take into account that and see if we can so often the elements and we'll present to that commission some of the comments i've received

. >> commissioner antonini. >> thank you a few of my reflections and some questions in terms of you know the growth of san francisco it is not a question of whether it is going to grow people are coming here they'll compete with the housing stock unless we figure out a way to build more they'll come and pay more for a o for what exists the idea of increasing density it a good idea if done carefully the people that talked about parking it is a good point a reality and we have lost parklets are novice and bike lanes are important and muni is important we've been losing and losing more street parking spaces over the last few years in addition to this density it will be wise to also look to see if increase an opportunity for some sort of parking garage in the area that services all the people not only not so that that live here to they my utilize it but more and more visitors coming all the time i'm glad to see they're coming they turned divisadero into a designation but they'll have to find somewhere for their cars to park i may have a question for staff regarding the density bonuses and it

the only rental approach i had data available from 5 different points of the time and commissioner antonini. >> yes. thank you for your report i have a couple of points i think you said something like the average week r was 43 days a week and average income $950 per month obviously some represents are making a lot more is that accurate to our report. >> as and mentioned at the end of my comments i really hope you take those numbers as guidelines i was trying to estimate revenue i don't have booking data from airbnb so it is not possible for the exact number of revenue but you're able to get a general sense so the assumptions i made is that each liz was rented for the average days that's been 5 days per booking then we do know that reviews are under recorded by some instances and reviews for the way i tried to proxy to estimate houchltd their rent and inflated the number i ended up with a range of a minimum to guesses as what is happening in reality without true numbers from airbnb. >> even with our high-end estimate it must be low enough you can make the conclusion that you can allow one hu

. >> commissioner antonini. >> i really don't see much that's exceptional or extraordinary circumstances in this case some the comments that are brought up the staff is opined and recommended there was never a legal unit and one of the reasons that the second-story is not to code carrying k through 12 present a period of time when there were people living there 58 to 75 it explicit mean it's an illegal unit that's not an issue and the height is allowed 32 feet it compiles with the eastern neighborhood privacy screen is 5 feet in height from what i understand and it appears to be such that some light about come through and of there's something growing on there it will not be a huge entirely o pack period it casts a little bit of shade and most importantly provides some privacy for both sides and if yoga is to be taught on the outside of that deck i don't know how noisy most of the time, i think it is pretty quiet so i don't think it is that disruptive and the distances from the window in questioning from 35 to 50 feet away didn't seemed like it is an invasion of privacy and messing neon i

i'd like to take roll at this time commissioner president fong commissioner wu commissioner antoninimissioner hillis commissioner moore and commissioner johnson and commissioner richards are present commissioners first on your agenda is consideration for items proposed for continuance item number one conditional use authorization is property until that april that 23rd 2015 and the next item the castro street

. >> commissioner antonini. >> yeah. i have a question for mr. paul and maybe staff would also answer you might as well, your on your way up from the way you read this and the hearing he watched yesterday it so you would your extending back sub terrain you have a open space with greenery and over part of it a deck; is that correct. >> that's correct there's a slope coming down from the rear part of lot we're projecting to the below grade of where this slope is a portion of the rear highway that is acting like the party room and where patrons can access the rear that will be closed off if i can go to the overhead maybe this image will show away what i'm pub it the rear area of this commercial frontage this is the subject property in this space there there's a below grade room now we're standing from that to the back property line. >> that will say underground you're basically not changing the open space above ground. >> we'll be creating a solid deck the first portion a terrace for the residential tenant and then behind that is included from use.

. >> commissioner antonini. >> yeah. i noticed that the building as sheet offer it at this point but i'm very supportive of the project i think many of the concerns that were brought up are issues that will find their recommend in dbi restrictions that are already in place for example one speaker brought the poeblth possibility of a damage if you have a project you're always responsible inform prevent damage to jane property that is part of the whole process that will be monitored by dbi and the same was spoken to in terms of the particle matter and the matter from noise to keep it within 45 decimals that is extremely reasonable the one issue that was brought up i had to study on it the distance if you look at a view from the top you'll notice that is on this 60 percent probably thought rear part or the northern facing part when it is l-shaped that is within the 40 and a half 5 and a half feet of proposed building one hundred and 50 van ness and also what is interesting if you look at this situation to the east of one 50

commissioners the motion is to take dr and remove the privacy screen on the deck on that motion commissioner antonini commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and place us under comment there are no speaker cards. >> any public comment on this item? this evening and okay. not seeing any the meeting is adjourned. >> okay good morning good morning. >> good morning. >> good morning. >> and welcome to the brand new willie brown jr. middle school. (clapping.) i hate to start with on apologize but my grandmother would admonish me for not be a good host for having a it is my duty i didn't place to come to espouse my different it is a boy product of a dawn of a new day when we opened the doors of willie brown jr. middle school this fuel 2 hundred pioneering significant graders will experience the best education that san francisco, california provide i'm honored to serve as is founding principle of willie brown jr. middle school and deeply 40u7b8d u humbled by the coordination