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tv   [untitled]    March 27, 2015 8:00pm-8:31pm PDT

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commission regular hearing for thursday like to 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. i'd like to take roll commissioner president fong commissioner wu commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioners first on your agenda are items proposed for continuance item one at 2501 california street conditional use authorization is proposed for april 23rd next at 896 on
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the street discretionary review has been withdrawn commissioners further under our discretionary review calendar item 16 at 2544 third street mandatory discretionary review we've received a request from supervisor cohen's office to continue this matter to may 7th the project sponsor is in agreement to that at a time and item 17 for the case at 896 on the street request for discretionary review this has been withdrawn i have nothing else i do have two speakers >> opening it up for public comment on item one and two and
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16 two speakers (calling names) darlene fry and peter let. >> it is your opportunity to speak. >> yeah. just want to clarify are you wishing to speak on a different item on number one and two or 16. >> thank you. very good. >> is there any additional public comment on those 3 items proposed for continuance seeing none, public comment is closed did you want to speak on these. >> item number one do i understand. >> talk to the mike. >> sir you're going. >> (inaudible) i understand your granting a continuances to april 23rdrd. >> if you want it speak to the continuance on the matter of continuance only this is the opportunity. >> i want to speak to the
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substance not the continuance. >> then you'll have to wait until april 23rdrd. >> this will obtain continued more than likely. >> is there any additional public comment public comment is closed. >> commissioner richards. >> move to with only and 16. >> it was withdrawn. >> on that motion commissioners commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards and commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and passes you under your consent calendar are considered to be routine 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
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which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. there are two items number 3 case c and d condominium conversion and case no. 4 also a condominium conversion subdivision. >> i have to ask is there any any public comment? >> commissioner antonini. >> yeah. i'd like to split those number 3 separate from number 4 i'm going to be asked to be recused from item 4 i have a partial ownership in the property within 5 hundred feet of this particular project. >> commissioner johnson. >> motion to recuse commissioner antonini. >> on that motion to recuse commissioner antonini commissioner antonini expletives commissioner johnson commissioner moore
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commissioner richards commissioner wu and commissioner president fong pr so moved, commissioners, that motion passes unanimously to recuse commissioner antonini from item 4 okay any public comment? on the two items on the consent calendar seeing none, public comment is closed oh. >> i'll make pa a motion. >> i was going to stay for 3. >> make them separate. >> commissioner wu. >> move to approve item number 3. >> on that motion to approve item 3 commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero item 4 under content? >> move to approve item 4.
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>> second. >> on that motion to approve item 4 commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes unanimously 6 to zero and places you under commission matters item 5 consideration of the draft minutes for march tech sf for the regular and rules committee meeting. >> any any public comment? >> commissioner moore. >> move to approve on that motion to do you want the minutes from the rules committee and regular hearing commissioner hillis commissioner moore commissioner richards commissioner wu and commissioner
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president fong so moved, commissioners, that motion passes unanimously 7 to zero and places you on item 6 commissioners questions or comments. >> commissioner antonini. >> yeah. a couple of items i just wanted to ask about i noticed our advanced calendar the short-term rentals for next week is being turned definitely i wanted to know i know there are some bills before the board of supervisors but i'm wondering if we'll get a chance to express our opinions before a supervisors vote i'm assume the other tell we'll hear about this when we hear about the permit appeals a referral of a board of appeals on sanchez and it was sort of shocking to me we'll get more details approved 6 to one
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it sound like the couple struggled but i want to hear more about that one. >> so about the short-term rentals that was supervisor campos ordinance that would suspend this short-term rentals program but airbnb paid they're back taxes the ordinance is are no longer necessary it is not moving forward the other two you'll hear. >> thank you. >> commissioners, if there's nothing further we can move on to department matters directors announcements. >> good afternoon, commissioners just one in the amount i want to give you an update on the short-term rental activity you'll hear before the property legislation that was introduced as of yesterday there we have had almost 4 hundred
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applications for registration we've granted registration for one hundred and 20 and have scheduling appoints for another 6 hundred we're getting phone calls for applications for the public's benefit we're getting more efficient and our timing being able to squeeze in more applications in our timeframe to the public knows if you call for an application you'll get an application appointment within a month that concludes my presentation. >> commissioner moore. >> what's the running totals and you're the only one that has an idea of the total. >> the total of applications? >> yes. >> we have as of yesterday 3 hundred and 87 applications and granted one hundred and 18
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registrations. >> that's the total. >> another 3 hundred plus hundred placements. >> commissioner richards. >> my understanding around ten thousand listings out there. >> the number is 5 to 6 thousand. >> so we've heard from less than 10 percent and granted less than 2 percent. >> the number 55 hundred to 6 thousand is typically thrown around for the number of units it is probably overstating the number of rentals out there we see listing on the sites multiple times maybe it is one unit in terms of the exact number of unit it would be less than that. >> thank you. >> commissioner commissioners, if there's nothing further we'll
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move on to 0 item 8 past events supervisors board of appeals no preservation commission meeting. >> good afternoon aaron this was no land use meeting at the the full board of supervisors the housing element received it's second and final read it passed on a 10 to one supervisor farrell voting not public hearing for the appeal of the environmental for 53 state street was continued until april 7th and the appeal for the bryant street continued amendment to the administrative code to establish the citizens advisory committee passed its first reading and the thirty day be expectation for the review of short-term rental owners was amended to make it a motion and
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was approved. there were 3 introductions this week one was a hearing request on the state i have neighborhood liveable or ability and services and the request that the public works the planning department and the mayor's office of housing report on that sponsored by supervisor farrell and also a resolution authorizing the nomination of 4 new priority skweefrp easier and physical evidence supervisor campos introduced an ordinance our the short-term rental of residential annuity u unit in the morning than 90 days to advertise those on the short-term rental registry to provide monthly day on the rental unit occupied as short-term rentals and to prohibit all is short-term rentals in rfp d it was spend by
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commissioners and it was on the april 23rd meeting you'll hear as well that concludes my remarks first 340 that brilliant was an office of allocation it was grand i'm sure you're aware of ceqa appeal on that matter that the ceqa will continue to the board will continue the appeal on the office allocation until april 8th the next on sanchez when was the third hearing at the board of appeals that the board had serious concerns about the project impact on the vanity property which the property of the appellants they didn't find that the full stent of the variance was justified a go rear yard
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encroachment and the certainly they gave us direction to work with the parties to look at alternatives that includes the shipping moving forward with the r5ishgd and having less of an impact on the neighborhood and we meet for the first time with the parties and the second time this week with the parties looking at different alternatives and something that was property by the appellants when the permit holder accepted it allows for similar non-development to shift the certainly forward that was a concern it will not be something they can afford the appellants and the other parties have engineers and have argument about the costs in the proposal that was forwarded by the appellant it shifts that forward
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and it going over the bearing wall for the appellants engineering to be more affordable and the board accepted the last night granted the appeal and accepted the revised plans the 09 item heard 2825 lake street a variance and a discretionary review we heard in june it taken dr on the addition at the rear above the garage and have left others matters to be decided from the variance we did granted the rear yard for the encroachment for the second-story and third-story levels that reduced from this commission had seen but in is address the concerns the neighbors and they filed on appeal with the variance one of the finding in granting of the variance was that the building
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was a historic resource in are a potential history district and the board had trouble and concerns with using that as a justification for sanitary there was a motion to deny and grant the appeal and deny the variance it was a failure the variance was uphold by a matter of law i'll be happy to answer any questions commissioner richards >> i guess in my 6 months here that's the first time i've heard of a variance kwoetd voted on to modify it as a reference point for the commission how often did that happen. >> i don't have figures the barack obama's they report the outcomes and typically the board does uphold the commission and the department it there was a
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higher standard as well the super majority in terms of to overturn the action there are typically 5 members that's 4 out of 5 we're one member short so 3 out of 4 it does happen. >> i'll check the report. >> commissioner antonini. >> yeah. mr. sanchez i have a question you, you told me what was vote was i thought it was 3 out of 4 but 4 out of 5 it maybe different. >> there's a full board is 5 if there are only 4 seated commissioners and that's not an absence but there's no fifth commissioner the vote is 3 out of 4 you're right if there feels an absence 5 seated members one is absent it will be the 4. >> my understanding they'll ask for a continuance obviously that
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was not granted one of the things the jae gentleman has been appointed not seated and they didn't request a continuance to have another board member there that's not what they stated i'll be happy to discuss it. >> i wanted to clarify the situation thank you. >> commissioners commissioners if there's nothing further we'll move on 0 general public comment at this time, members of the public may address the commission to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission up to three minutes. there are no speaker cards. >> is there any general public comment today?
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okay. not seeing any general comment is closed >> commissioners under our regular calendar ab for the next cases adaptation of planning code to reflect the adaptation of the land hill straight 0 those are general and mr. haney code amendments. >> hi so commissioners i'm paul from the planning department i manage hill street implementation you're being asked to vote on 3 items there are planning code amendments that sort of currently say if the rincon hill exists it is okay. but if it didn't exit the planning department will approve this is a tideing up you're asked to change the general plan amendment or policy that says create a rincon hill streetscape
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plan that says implement a straightaway street plan and asked to declare an absence recommending the board stating the rincon hill streetscape plan is hereby adapted i gave a presentation if you have questions i'll be happy to show it again, this is are there any questions from the commission? >> well, we'll open up for public comment and may not be have questions. >> now opening it up for public comment on this item. >> seeing none, public comment is closed commissioners commissioner antonini. >> yeah. i had a question i remember when we passed rincon hill plan originally and had many of those same improvements as part of the plan but then we
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have a down turn not to be implemented because of the downturn economically in 2007 but now there that's why we have multiple approvals some remaining in place and some changed to some degree we're implementing the combination of the two. >> yeah. the plan was draft in 2006 and sort of been sitting open a shelf not take place there the plan of adoption after that was drafted it respect to the mta we're trying to tidy that up. >> okay. it make sense it look very well done. >> commissioner richards. >> second. >> on that motion commissioners to adapt the represents for approval commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu
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commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and places you on item 10 for the next case massage establishment this is a planning code amendment. >> good afternoon diego sanchez of planning department i'll be presenting a planning code amendment to change the massage i'd like to provide a department of public health and supervisor katie tang time to present to
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you. >> good afternoon, commissioners my name is cindy work at the san francisco department of public health in the environmental health branch today, i'm going to give you a quick overview of the massage establishment in san francisco and kind of talk about why the department of public health supports improved land use controls for the massage establishments i'm sure you're aware of has 14 regulatory programs and some of the environmental health recollections making sure that hotels are held to certain sanitation standards and taxicab
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are aimed at protecting did public good and restaurant are protecting people if food illness and managing the safety and sanitation supervisor tang will go into the daily from a health prospective there the proposed legislation a health code and planning code amendment one to conform local law to state law and we want to delete an exception urging only practitioners those exempt practices r that don't have to go to public health department have to pay for permits we're going to change health code for
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transparency to make sure we're able to close businesses we need to close and style our administration practices furthermore, we're going to to support healthy neighborhood we want to promote public comment is closed. and focus on vulnerable population today, we'll hear from a lot of massage established by we'll not hear from people that were impacted by upholding the state law they were existed in trafficking in other neighborhood. >> so i want to mention back in 2009 the state had passed sb 731 that created loopholes within our ability to regulate massage establishment and this slide gives an overview of the
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regulatory systems so we have permits established were employment by the department of public health and because of the practitioners revocation we had establishment that were basically what happens we have more than half of the establishment in the city that have permit revocable permits and some do we have some subject to cost recovery fees permits he'd licenses some r were not and some that had to be compliant with the human trafficking training so your goal to close the gap on the two tier system on the massage establishment industry. >> so this slide shows the unintended circumstances around sb 731 right now the department
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of public health has around 2 hundred and 40 moonl establishments 90 have the exemptions and one hundred and 46 don't we've seen the surplus or the immensity created we the loopholes in the law and this density has made it it unable for the city is to have land use decisions we see a high density about 70 percent are located in 7 neighborhoods the sunset and tonight and downtown civic center, and chinatown and from the public comment is closed. prospective we want to support mixed use neighborhood we know that walkable and mixed use use they're associated with rates of obese and handicapping and diabetes
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i know many of us go to extras but your inspectors see a wide variety of conditions this shows did violation during the inspects of massage establishment often we see exteriors of the massage establishment this feature window covering and video surveillance that have a negative impact on the fabric and improper equipment with customers that mid-market we see people living in massage establishment and this is an indication of human trafficking and the heartache impact is severe and businesses have a big impact on our neighborhoods so the state laws are impediment the health department ability to have safety and sanitation
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around the massage establishment unfortunately, we in san francisco estimated thirty to 50 percent of the massage establishments are illicit those are potential hubs for human trafficking and human trafficking is one of the fastest growing crimes and 40 percent of the human trafficking in the state of california is taking place in the bay area so our goals through the changes to the health code and planning code to stop human trafficking awhile providing a regulatory environment awhile supporting healthy community and businesses we think that changes in land use controls will help us thank you. >> commissioners i'll go ahead and summarize the existing planning corroding kroelz on the
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existing establishments right now the planning code generally needs with conditional use authorization but provides exemption from the requirement for certain chair and massage and establishments that employ certified therapist this eliminates the conditional use authorizations for the cam tag establishment it didn't prohibit the reestablishment of a massage use or closed because of health or planning or other code violations that will prohibit the massage use for one year in the same location whether this massage establishment was closed because of the code violations and third-world the planning code considers is massage establishment on in the california state therapists to be a medical use this is use that is generally not needing a conditional use authorization it will no longer

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