Tea their ability to houses someone in the city one of the things we had this hearing of the twitter and on the consistent message is was so hard to find housing theyre considering to cut back having to hire people or slow down the process is whats does that have to do every time we take 3 air forces off the market it is hard for companies to grow and people to move into the ear we need to look at how we use hours it is a fundamental consideration im urging you not to allow the conditional use in that instance to keep the Housing Stock available thank you. Test wellborn 23 years shows made a lot of money hadnt she thats amazing and id like to point out that almost every one of the 2 thousand airbnb units is violating our law does not wait urge the office of shortterm rentals not to wait we can fill file on every one of those 2 thousand units tasered on around airbnb how does that thirty day limit something you think should be carried forward in the future maybe suggest the board of supervisors consider whether that should be more like 60 or 90 days limiting tourist rentals or someplace thats another policy issue i also like to emphasize that previous speakers point about what this person applied for a conditional use that should have been stopped i urge the office of shortterm rentals to find this person in arrears and ask for your back tax to be collected we need to protect our rentcontrolled units in San Francisco and Affordable Housing this is so bad thank you. Good afternoon, commissioners peter cohen with the council of housing this is the most egregious case small but how far this goes to regard bad behavior and mitigate the conversion of our shortterm rentals by permanently converting it to nonhousing is outrageous no continuance shouldnt be a matter of discussion but reject this is one of the reasons from the beginning many folks in the rooms room and organization have procuring to stop the trends 3 unit chipping away trying to work around the rules and were statement to do what prop f couldnt do but youll have important attempts to convert housing into hotels please establish a precedence of saying no, thank you. Thank you. Is there any additional Public Comment . Sue hester i submitted a letter on behalf of the united here this is the first on enforcement i havent seen one it is overdue you have to decide to how and where and how much you are going to use the Enforcement Office and how much power you have planning code is not just the administrative code like the shortterm rental legislation it is hard to explain i got a call out of blue from jennifer last night didnt understand the planning code or anything about how the city works and we cant let that continue theres a role for the City Government and city mramentd to have do you have the ability do you have the interest in doing enforcement if you do enforceing call up the airbnb listing tare easy to track its time to have that we have real housing crisis in the city and if we dont face up how weve lost housing a lot of them is shortterm rentals their neighborhoods that are not neighborhoods anywhere i used to work for an attorney in knob hill it has a designation of Housing Stock and chinatown around the ends has a loss of Housing Stock and north beach and hate ashbury i know them and your staff knows them start getting the word out to people that the Planning Commission is tough im hoping you are and the Planning Department is tough we really need enforcement it is overdue and kind of one of the things that really bother me is everyone can stretch out the process and no penalty it is not legalizing in the legal deck when you have 23 years of open and notorious and having another two years in the process oh, you can apply we got to restrict how the Planning Department uses this thank you. Calvin chair better sf it is an enforcement use and vexing issue given the fact the board of supervisors bifurcated how enforcement works around the question of shortterm rentals clearly share better sf urges you to accept our staffs recommendation and deny this application this is an egresses way to go about solving illegal use of inkroebl scarce affordable units your staff is correct in not recommending i approve that but more importantly the kre7b89 of that department is on the line how it is going to be able to insure that of for example, you allow density bonuses thought most of San Francisco more Affordable Housing you can in fact, enforce the fact that those density bonuses in neighborhoods that are permanent will in fact result in permanent housing you cant right now you dont have the mechanisms before you to do that it is incredibly important to start developing those endorsements mechanisms that balance the economic scale lets be clear plus a very profitable business you must devise Enforcement Mechanisms that takes the profitability out of this severe fines leveled quickly in the case of such violations i will support our staffs recommendation urge you tonight to vote to deny this cu application but more importantly enforces overseeing incredibly important laws. Thank you. Is there any additional Public Comment . Not seeing any, Public Comment is closed. Id like to start off by asking the Zoning Administrator and someone here from the shortterm rental Office Rental office maybe g if you came back an overview of factual where we are and what violations. Maybe ill start with noting two separate issues first enforcement with the enforcement process identify whether or not there is a violation we identify the path to compliance and the process to compliance and separating the process what you have before you the Land Use Decision to the decision you make will be based on the merit avenue case alu we recommend disapproval in the motion that is before you now if the commission does disapprove well continue with the enforcement action for the project i would note as discussed by members of the public our Standard Practice policy for Enforcement Matters once we identify a violation and then someone makes efforts towards compliance we dont pursue enforcement and allow them to cbo to the legalization process that policy is extended to the shortterm rentals as they cbo to the shortterm rental process to legalize the hotel use in month districts not legalization in rh1 or rh2 but most district the pathway to legalization this policy will be change not allowing four those to continue to operate it is an easy enough violation to correct they stop taxi drivers for a shortly well continue to enforce and this is in particularly with in their application to legalize the units you have bra if audrey wants to discuss the greater details of this one. Good afternoon the highlight for the enforcement case starts in the planning code before the legislation passed this entire case is brought through the planning code it was originally filed on 2014 and a notice of complaint a curtsy notice was sent to the Property Owner we didnt receive a response on november 7, 2014, we sent out an enrollment letter detailing the complaint and how to come into compliance ms. Solomon called the Department Staff to how to come being so compliance and she was given the two option that are in front of her and any person that either turning all the rentals into thirty days or filing for the fee application that is obviously what she choose as skoolth mentions from the day she filed the application dwaebl it was to put a stay until heard by the commission tt policy will be changing thank you. Appreciate that. I just want to add one more thing most of enforcements on shortterm rentals or any enforcements for many matter never comes to the commission the reason this one is before you shes seek to legalize 55 the conditional use but the vast youth authorities of actions on the shortterm rentals cases youll not see the mechanism didnt require a public hearing. Thanks for reminding me the action is a land use on the action okay commissioner antonini. Thank you. Im in agreement with virtually everyone the speakers have said i want to clarify the project sponsor representation tried to make a point that owner was being show you treated different she didnt reside in one of the units of she resided 2, 3, 4 one of the units shed be restricted to sharing the unit while present or renting it as as shortterm rental for to number of limited days the renters in the other units presumably will be long term renters will have that same ability so whether she choose to live here as a be fulltime residential the law didnt change shes in violation either wa im very much in favor of d disapproval and i know not compatible with the neighborhood and even though on the other hand, even if it were an area a lot of Additional Hotels probable not wise to turn this into shortterm rental units so and certainly this is being going on for many years now the time is come to keys this operation and make it clear 0 others doing the same thing this will maple to this situation i favor shortterm rentals they have to be done under the law for the protection of the rental stock. Commissioner johnson. Thank you very much a couple of comments and questions for staff ill end this with a couple of other speakers real quick a highly interesting case definitely nostril contemplating any continuance again interesting to have ms. Solomon here she wrote a long memo in their passage a lot of interesting things to say on her thoughts why it went on for two decades predating any of the tools including more the old ones lying craigslist this predates any of that so with the more recent shortterm rental issue or law so, anyway interesting to have here her, of course, im following observe commissioner antonini i totally agree shes not being traeltd definitely under the current law have to be a permanent residents in one of the unit and currently can only rent not sure what day but there are rules in place chases shes going doing illegal under the shortterm rental in her long memo shes she mentions some of her tenants she accepted stays longer than 31 days she could continue that activity theyre there for more than 3 months and after 31 days theyre a tenants or whatever forever so this is not to say the building will be vacant tomorrow i just have a quick question for staff so this is we are talking about ongoing enforcements case so maples comps to us liquor you said she decided to bring a request to legalize the activity but id like to ask real quick can we talk about the enforcement action what is sort of the ends state how it progresses looking at they are memo shes adamant in the long section for lots of reasons not intend to be a landlord and not enforcing the activity she is currently doing not own the building or not operate or whatever the case the question thats the end phase how did she get there how do we have the power of the city and county of San Francisco how does that work we dont see most of Enforcement Actions coming before us. A lot of choices for the pertain how they want to proceed being in compliance with the planning code as the legal use of the property it is residential you know they can certainly appeal the decision in the decision is to disapprove they can appeal that to the board of supervisors our enforcement process from the Commission Takes action to deny this application to legalize the use our enforcement process will consensus tomorrow with the penalty with that that has a process to it they can request a Zoning Administrator hearing to present information to me why theyre not no violation if we find theyre in violation still then an appeal to the board of appeals and after that, the process hocking would be to refer to the City Attorneys Office for enforcement and a collection of penalties well refer to the bureaucracy of delinquent revenue all the time the revenues are adding up. The penalties have not yielded started to accrue that starts tomorrow. From the Planning Commission she has a number of appeal options would that is a fines. Yeah. This can continue to the end of the road which is arriving from the board of appeals to the board of supervisors and the City Attorneys Office. The penalties are tied to the penalties tomorrow if in is denied and appeal processes for that we know we cant to the period of time by ultimately the penalties will accrue either no appeal or begin to accrue after the board of appeals action if theyve upheld the penalties. All right. Thats centering. But liable for the materials related to enforcement that will be assessing them the time that staff spent over the year handling this complaint. I dont know if so this something so for the Planning Department enforcement it seems to me some sort of accrual that works before that the process you laid out is a long process the board of appeals and board of supervisors. Thats something developed in communication with the City Attorneys Office so due process with the parties involved and, yes i understand the frustration there. Okay. Thank you. Commissioner richards. So mr. Sanchez please if we depends this today and she continued to rent this out and the board of supervisors and board of appeals we cant penalize here. Not until the decision a final it wouldnt begin until after the board of appeals takes a final action we have multiple penalties for the shortterm rental and legislation that was adopted but this is the law. Sure a regular shortterm rental didnt want to be a hotel this is for your team i get caught and dont want to turn it into a hotel when did the penalties occur. This is different when a complaint a filed and the violation is found remember this case is handled in the planning code, however, the vast majority of dmraments for shortterm rentals Going Forward will be lefthand lane under the code a different set of processes im sure you want an explanation here. When the penalties autopsy any complaint failed filed as much february 1st, 2015, that law become active from the date the notice of violation is sent to the Property Owner a little bit different process to get to that stage but thats the first notice the Property Owner will receive again, theres isnt quite as much time for this type of activity to cbo underground. So to use the planning code. She has a choice this is simply this complaint was filed no october of 2014 it was before the shortterm rental ordinance came into effect simply a matter when it was filed. Prior to february one is handled by planning. Yes. So were looking at ways to possible do enforce at the same time under a certain circumstances i can only assure you from the decision to deny this application tomorrow well pursue with all applicable means. If i park and i get a ticket and appeal thats my due process but in this case you dont have to pay the ticket until you do all our progresses processes maybe well discourage the process im disappointed on any fronts ive said is it once again no Housing Groups tubbing the loss of housing not any Housing Group i wish you would talk about the loss of housing but lots of housing ill keep saying that over and over i looked at the definition of Hotel Project sponsor from lodging to travelers thats what that is no getting out of this not a hotel it is a hotel but absolutely a hotel im disappointed we offered a notice of violation and youre representing this client is flaund e flaunts the law i wish we could penalize here disappoint why we cant find her can we collect back tax what about the tax. We have communication with the tax collector. Is this host i guess this in keeper registered. No. Shes not register. Wow. They dont qualify. Lets see i read the Vice President 15 thousand word on site i tell you i couldnt sleep it made me so angry she portrays herself as a victim and were treating here unin their that is the worst of the worst of the worst an seeing someone evicted that explicit happen that is the tip of the iceberg there are 2 thousand airbnb rentals on the market why are we not going after every single them when you turn our computer on dot com see whether their register or in San Francisco im concerned and disappointed in the shortterm rentals is not doing those those units are in violation of the law i dont think the complainant system works if we cant have it on the desk violating the law the system is useful i move we go to a full base system its hard to sit here and say hey bonuses over the city we have no idea it shortterm rentals condominium conversion i see where shes going would you tell us real enforcement that is out of control before we know it penalties need to accrues like any parking meter if i dont pay the ticket im out with my there cbo after the bad actors im not against Public Policy but we can balance it with preserving of the housing i really hope at some time some point mr. Guy do a presentation the vw questions i clearly cant support that i wish we should we have done this earlier and had the units on the market. Were looking at this particular says land use issue value but im with you on this office grows finds its way and matures i guess an update. Absolutely. Commissioner wu. Thanks so the point of the existing law to make sure that the preliminary residents is the one doing the shortterm rental we can august the law is too permissible but as an owner or renter they may do shortterm rental so the case where the owner lives elsewhere is clearly not abiding by way we not through our land use; right . We need housing for people to live in on a p