fong didn't want to be in violation if it permit is revoked i can't say mr. whether a notice of violations were issued but if not immediately apply for another permit a notice of violation will be issued to it will causeer had to the in violation of the law if forced to rent out this unit to the tenants as is but allowing ms. functioning to apply for the permit and in fact legalize by which the papers we meant by bringing the unit up to code and even though architect was believing it was not that's her only purpose as to the legalization of this unit i'll be happy to answer any questions. >> two questions. >> sure. >> you indicated you had analysis of the unit but i see nothing in the brief that indicates a report from the evict. >> i understand i wasn't work are able to get the plans so i have to a base that on what was told and that's his expert opinion and second question how does don't guess of the kitchen answer the question ofling legalization. >> sure the legal shut up is not under the 4014 ordinance to legalize this entitle ms. fong was mark farrell t

fong was mark farrell trying to solve the problem that kitchen was

commissioner moore no a commissioner richards no. >> commissioner wu no and commissioner president fong that recommendation will be forwarded to by a vote of 4 to 3 by commissioner moore commissioner richards and commissioner wu voting against. >> recommendation 8 make the number of nights a unit can be used as a hosted or non-hosted at one hundred and 20 days further study can have an illegal conversion to full-time use in the mayoral ordinance. >> commissioner antonini. >> based on our study i forget the gentleman's name the - mark he said the break even point is 270 i can go to one hundred 80 that is more realistic we're squeezing the hosted guys down to the lower number but i'll be supportive of a number of one hundred 20. >> here's where i have one concern about not only the fact you have a vacant unit who you want to rent it out short-term and a or long-term there's a discussion i have a unit with someone in it if i have to get them out and i'm not for increasing this is where i'll recommend at the end of the bucket list to extremely industrial this bed-and-breakfast for people to

commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong that recommendation will moved unanimously unanimously. >> okay recommendation 10 a department proposed recommendation not in the other ordinances that allow cross-examination of hearing of an administration hearing ever witnesses. >> shall i call the question and commissioner moore. >> perhaps somebody explain what was employed i'm unfamiliar. >> we have at administration hearings on enforcement matters noting no requirement for that cross-examination that was an artifact when it was a dbi procedure so the limited hearing are somewhat inner formal people have time to speak and present they're case and public comment as well requiring or obligating cross-examination there's no legal requirement for it. >> commissioner johnson. >> that was my question who would be cross commenting whom. >> that's a good question basically the parties so if there was someone i mean not entirely clear but they'll baefg the the party the person in violation if there's an interested party they'll have the

commissioner moore no commissioner richards marry no commissioner wu no and commissioner president fong that motion will be forwarded a recommendation of a vote 4 to 5 commissioner johnck's r /*. >> recommendation number 12 is to do not remove the owner the residential owner in which the tourist or trinity use is to occur for the supervisor campos ordinance going back to the previous recommendation we added owners or residents that live within one hundred photo of the property those provision strikes out party the owner the residential unit the department feels the owner of the unit has an inherit interest in what goes on and by depiction an interested party we're recommending it not be removed. >> commissioner antonini. >> i'm in favor of does not remove the owner this was this discussion came up the owners were saying we're somewhat reticent about our tenants be able to sub let those units for short-term rental and said to have authority over those people to do it is a little bit different issue but still have to gain permission from the owners to do this thing if this year violations

neighborhood supported we have 14 letters of support i'll read one of them dear commissioner president fong and commissioners, i wish to support the project the 2012 commercial district is one of the most vibrant in the city this will enhance the neighborhood small ground floor retail space will provide an opportunity for people to opens businesses near their home is it will improve the local economy and help to affiliate the housing crisis noah valley is a friendly neighborhood this kind of project makes it easy to get suitable housing and to match the design buildings the proposed building is compliment with 9 mixed use strict this is the kind of development we want to engage in the city sincerely leonard we have additional letters from chuck young and others (calling names) thank you very much for your time i understand they may want to speak since this is the first time we've heard from the neighbors we would like to respond. >> opening it up for public comment we have one card jim morrell. >> good afternoon. i'm a long time resident of noah valley been there since 1980 as recently, i b

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

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 goes back to the full board the full board has to vote they put it

commissioner hillis commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and item 4 will be considered as a first item under your regular calendar. >> commissioners, that places you under your regular matter. >> commissioner antonini marry most importantly beat la beat la beat new zealand's too on another matter in receipt of a matter to the bay area council i've sent to the commissioners about the high rising costs of hours date 3 slash 17 2015 that makes good points you know building less housing than expanded is a big factor in driving up costs it not something that the dot com and california is neglectful in building houses it hurts the economy and makes housing more difficult and talented people leave the state another recommendations they're in favor of the things to building affordable housing but we have target individuals specifically rather than you know helping saufts them to find housing particularly people that be critical in the operation we think to public safety and others an

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 lawsuits going on that makes the process more expensive

the 15 minutes includes moan on the project sponsor team. >> good afternoon commissioner president fong and members of the planning commission i'm the chairman of the emerald fund the electrical benefit fund a new project in the civic area the picture on the screen shows the building from the prospective of van ness hayes corner 150 van ness was appraised under the market octavia plan together with balboa park and the central waterfront it was the first of the neighborhood plans thousand of new high density used are being constructed by the time emerald will have added one thousand new unit to the civic center turning a 9 to 4 district into a viability 237 neighborhood one hundred 50 van ness will provide one hundred and 40 new rental utilities 50 will be inclusionary units what is wonderful about h 50 van ness it completes from hayes valley to mid-market from hope to van ness has always been ugly and in the late evenings after the office buildings were shut down it became discharge in the future large areas on the corner of hayes and van ness and new street residents will lion the stre

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 can request but otherwise that is a minor technical change not changing the process but maybe the adopting is a could a address this

opportunity to speak make your way to this 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 de

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 parties then everyone within one hundred feet. >> there's mud. >> deputy city attorney again if i could offer a little bit more explanation

. >> good job commissioners chair rodney aim richard fong i live here locally my interest in particularroject whether or not the zoo is going to be environmental review whether in the zoo this large project over 8 hundred thousand gallons in the lot area when they did that they brought in three or four hundred hours power fortes motors in the parking lot area would then drift all around the plans and the animals of the zoo when i looked that thoroughly i didn't like that too much at all we have animals in our zoo that are rare and ensdargsdz species not necessarily of the red-legged frog or bats but we have our own animals environmentally this leaves a shock when you have 1 on standby motors ready to pump this water all the way to the presidio and the golden gate park and other places it will cause a lot of the disturbances to retained and people around the area i don't have the ability to try to explain what kind of impact with the animals at the zoo everything is about the cost of piping i'd like to see this deferred to a later time specifically when the look at the alternatives there

commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fongo moved, commissioners, that motion passes unanimously 7 to zero zoning administrator what say you >> on the variance closed the public hearing and grant the exemption. >> thank you. >>break. >> commissioner >> commissioner regular meeting for april 2, 2015, remind the members of the audience that the commission does not tolerate disruptions of any kind. please silence any devices that may sound off during the proceedings. and when speaking before the commission, if you care to, do state your name for the record. commissioner we least off in our regular calendar for case no. at 5 61 through 73 valencia street a conditional use authorization. >> good afternoon planning department staff have you a conditional use authorization to legalize the expansion avenue restaurant.org to approximately converting an reinforcing space at 563 valencia to a restaurant use specifically the expansion requires a conditional use authorization both to exposed a floor area of 3 thousand quote nartdz to the s

. >> james fong bought his daughter a smart phone. like one here.e wanted an inexpensive phone for her to use in college. he could get one for $29 >> she breaks stuff. i didn't want to pay for a phone a good chance she'd lose, our break. >> he had to fill out the form and send it with this upc code and the receipt. he couldn't do that until he paid for two months of service. >> i crossed my t's and dotted my lower case j's just to make sure. >> following instructions is the key to taking advantage of a rebate. >> it's about half that don't get redeemed. >> james says he filled everything out submitted the application he appealed and was told he'd get it in three months. >> in november i said hey, wait a minute we haven't received the rebate. >> that was seven months after metro pcs told them. >> we call it dad versus establishment. there are all kinds of stuff i've had to chase after companies for. >> this time, he needed reenforce manies from 7 on your side. metro pcs told us our care representatives are in touch with mr. fong and able to reach a r

. >> james fong bought his daughter a smart phone. like one here.college. he could get one for $29 >> she breaks stuff. i didn't want to pay for a phone a good chance she'd lose, our break. >> he had to fill out the form and send it with this upc code and the receipt. he couldn't do that until he paid for two months of service. >> i crossed my t's and dotted my lower case j's just to make sure. >> following instructions is the key to taking advantage of a rebate. >> it's about half that don't get redeemed. >> james says he filled everything out submitted the application he appealed and was told he'd get it in three months. >> in november i said hey, wait a minute we haven't received the rebate. >> that was seven months after metro pcs told them. >> we call it dad versus establishment. there are all kinds of stuff i've had to chase after companies for. >> this time, he needed reenforce manies from 7 on your side. metro pcs told us our care representatives are in touch with mr. fong and able to reach a resolution they sent him the $70 rebate but throu

fong. any questions or comments on this item? thank you so much. it's great to see summer school grow at the school district, especially after being on the board in the one summer we didn't have summer school and the immense gap in the city due to budget cuts and it's great to see it happening again. did you want to make closing comments? >> i have a few slides about activities. did you want me to postpone that? i am fine. >> thank you very much mr. eagleson and i wanted to thank all of the departments on this program now ongoing for two years and moving into the third summer. i know that i also want to recognize that there is coordination that needs to happen and i just want to recognize united way and of course commissioner mendoza from the mayor's office to convene on the expertise and talents that all of the departments have but often it can be difficult to convene and bring all these very, very busy individuals and experts into a room together to make a program truly successful and it's great to hear that we've had positive outcomes over the l

for lending support as well as mccain from post secondary head council i'm sorry supervisor and jane fong and the issues it takes a village to address our most needy kids that is a continuous or tuition continuation of work under the sprifshgs of mr. sanderson so okay. so sorry go ahead. >> i'd like studio take a moment to join when this award was going on i hope to see all the students graduate from a there g it's been a true honor to see them and like to see the fund they stay pursue and the primary recovery and the commitment of this board for the recovery funds thank you very much for that with the idea of credit recovery i've communicated and to the school sites noting non-negotiable for us so, so last december the conversation was held around the word plan i'd like to know before we modify the graugs graduation requirement i thank you to billing sanderson for his leadership in this plan since last year i've made a copy of policy as well as the on track and off track benchmarks you should have received those plan one we're here to talk about the data we'll be looking at but to frame

. >> good afternoon, commissioners commissioner president fong thank you for having me here today for second i thought that supervisor campos was looking for airbnb employees i thought he was looking me proud to be representing folks in the second district and talking about the amendments last year our board of supervisors came together with input from the planning commission thank you to planning staff and everyone involved last year and this year at looking at the issues to pass a recommendation 40 for airbnb it is extremely complicated but ultimately we derived a fraction for a start since that time many of those interested on those topics and many outside of city hall have continued to look at the issue in terms of it's legislation and logistics from when i prospective i believe we should fully support home sharers in san francisco number one to create a law that is without a doubt improbable number two to create a law that protects affordable housing and 3 to create a law it streamlines the process and didn't create bureaucratic red tape for those who want ta to their their homes

. >> on that motion commissioner president fong is absent commissioner vice president honda . >> no. >> commissioner wilson sdml jurisdiction is denied and no appeal should be filed against this permit. >> if i may 1st of the consequences of sitting on the panel you see cases that look familiar and certainty cases along the law i'd like to think this body motive express itself on those issues in the form of a letter whether to the president to the board of supervisors or mayor, we observed a pattern we believe there's an issue recommend by ordinance or policy change whatever so in this case, i think everybody has stated it could be done otherwise i'd like to suggest we go on the record if it is allowable nicole. >> thank you well, i mean. >> i don't know if there is pients pients. >> need to put it on calendar. >> may i request we do so formally. >> and, yes within the president's discretion to add that to the coordinated. >> make that request to the president. >> you requested. >> you can also do you want the resolution so f it is what you want to put on wanted clurnd. >> does that

how to involve of stakeholders in owning what the plan is moving forward i agree with commissioner fong any other items for the agenda okay inspector call the next line item i'm sorry public comment. >> inspector. >> public comment? >> commissioners chief suhr this is in reference to the public comment regarding the redistributing. >> yes. any items. >> i'm randell scott i represent the improvement district the redistributing i want to confirm did i hear that geary both sides of geary was to be patrolled by the tenderloin? >> no our recommendation is that it remains patrolled by who is now central. >> thank you. i wanted to clarify that matter other than we have no matters with the redistributing of the map as it stands. >> thank you very much >> next speaker. >> welcome mr. elliott. >> dave elliott lewis in addition to the collaborative i'm a 31 year resident of san francisco so over half my life 9 years in the tenderloin 9 years living by the corner of larkin and feel street it is a ground zero for the community problems we've talking about with the map and for me the issue of coping

. >> commissioner president fong and i discussed a strategy to approach the various piece of legislation before you i believe if you choose to i think the easiest way to take each recommendation individually and separate them and have a consensus vote, vote on each other then or mark which ones have consensus and create a motion with certainty recommendation other than any remedies that are amended or misdemeanor through our discussion process as one option you can use or take to tackle this complicated proposal in front of you. >> thank you commissioner wu. >> thank you so i think this is helpful voices i want to be clear there are poise that have been discussed not in the recommendations commissioners i have another recommendation or