# Board of Supervisors Minutes: October 7, 2014 - Meeting date: 2014-10-07 - Document type: minutes - Pages in official PDF: 16 - [Canonical HTML transcript](https://sfbos.info/documents/218/2014-10-07-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=343609&GUID=FDC1937F-1BBE-485B-B33A-3EFE0A0D59EF) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 140381: Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee - Pages: 6-7 - Vote 1: amendment - Action: rovide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; and making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted to Jon Givner and Marlena Byrne, Deputy City Attorneys, and Rosemary Bosque (Department of Building Inspection), and Scott Sanchez (Planning Department) who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED by making amendments relating to clerical corrections, clarifying the types of Home Owners Associations considered Interested Parties, and clarifying enforcement against Hosting Platforms, as offered by Jon Givner, Deputy City Attorney. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Breed, moved that this Ordinance be AMENDED by clarifying the private right of action in section 41A.5(d), as offered by Marlena Byrne, Deputy City Attorney. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 3: amendment - Action: Supervisor Breed, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED in Section 41A.6 establishing time frame for Planning Department to inform a complainant that it has found no violation. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 4: amendment - Action: Supervisor Farrell, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED in Section 41A.4 by adding Owner to the definition of Interested Party and clarifying the types of Home Owners Associations considered Interested Parties. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 5: amendment - Action: Supervisor Yee proposed an amendment to exclude short term rentals in RH-1 and RH-1(D) districts. The motion died due to a lack of a second. Supervisor Yee, seconded by Supervisor Mar, moved that this Ordinance be AMENDED in Section 41A.5(g)(2) limiting short term rentals to 90 days and adding other restrictions for residential units located in RH-1(D) zoning districts. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 6: amendment - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED in Section 41A.5 relating to date for determining adequacy of fees. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 7: amendment - Action: City and County of San Francisco Page 721 Printed at 4:13 pm on 11/21/14 Board of Supervisors Meeting Minutes 10/7/2014 Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Wiener, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 41A.5 relating to mailed notices to any directly associated Home Owner Association that has previously requested such notice in RH-1(D) zoning districts. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 8: amendment - Action: Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED in Section 41A.5 allowing short term rentals no more than 90 days per year. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 9: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener - Noes: Avalos, Campos, Mar, Yee ### File 141036: Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee - Pages: 7-8 - Vote 1: amendment - Action: 141036 [Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee] Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; and making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Duplicated as Amended from File No. 140381. Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Section 41A.4 prohibiting short term rentals in legal in law units. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 2: amendment - Action: Supervisor Mar, seconded by Supervisor Yee, moved that this Ordinance be AMENDED relating to short term rentals in subsidized affordable units. Supervisor Mar withdrew the motion. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Section 41A.5(d) relating to ability of certain non-profit organizations to bring civil actions regarding violations in rent controlled units. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Yee - Noes: Farrell, Tang, Wiener - Vote 3: amendment - Action: Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED in Section 41A.5 making the ordinance operative only after certification by the Treasurer/Tax Collector that all Hosting Platforms have remitted all Transient Occupancy Taxes due and payable. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 4: amendment - Action: City and County of San Francisco Page 722 Printed at 4:13 pm on 11/21/14 Board of Supervisors Meeting Minutes 10/7/2014 Supervisor Campos, seconded by Supervisor Breed, moved that this Ordinance be AMENDED in Section 41A.4(d) by prohibiting short term rentals in certain units that have been the subject of an eviction under the Ellis Act. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Kim, Mar, Wiener, Yee - Noes: Chiu, Farrell, Tang - Vote 5: amendment - Action: Supervisor Breed, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED in Section 41A.5(d) relating to ability of certain non-profit organizations to bring civil actions regarding violations in certain units that have been the subject of an eviction under the Ellis Act. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 6: amendment - Action: Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. Supervisor Chiu, seconded by Supervisor Cohen, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Economic Development Committee. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140775: Planning Code - Amending Definition of Residential Unit and Residential Conversion Requirements - Pages: 8 - Vote 1: first-reading - Action: 140775 [Planning Code - Amending Definition of Residential Unit and Residential Conversion Requirements] Sponsor: Avalos Ordinance amending the Planning Code to amend the definition of Residential Unit and clarify the requirements for a Residential Conversion of a Residential Hotel Unit regulated under Administrative Code, Chapter 41; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ## Extracted text ### [Page 7](https://sfbos.info/documents/218/2014-10-07-minutes#page-7) Board of Supervisors Meeting Minutes 10/7/2014 Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Wiener, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 41A.5 relating to mailed notices to any directly associated Home Owner Association that has previously requested such notice in RH-1(D) zoning districts. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED in Section 41A.5 allowing short term rentals no more than 90 days per year. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - Breed, Chiu, Cohen, Farrell, Tang, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener Noes: 4 - Avalos, Campos, Mar, Yee DUPLICATED AS AMENDED. See File No. 141036. 141036 [Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee] Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; and making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Duplicated as Amended from File No. 140381. Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Section 41A.4 prohibiting short term rentals in legal in law units. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - Breed, Chiu, Cohen, Farrell, Tang, Wiener Supervisor Mar, seconded by Supervisor Yee, moved that this Ordinance be AMENDED relating to short term rentals in subsidized affordable units. Supervisor Mar withdrew the motion. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Section 41A.5(d) relating to ability of certain non-profit organizations to bring civil actions regarding violations in rent controlled units. The motion carried by the following vote: Ayes: 8 - Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Yee Noes: 3 - Farrell, Tang, Wiener Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED in Section 41A.5 making the ordinance operative only after certification by the Treasurer/Tax Collector that all Hosting Platforms have remitted all Transient Occupancy Taxes due and payable. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - Breed, Chiu, Cohen, Farrell, Tang, Wiener City and County of San Francisco Page 722 Printed at 4:13 pm on 11/21/14 ### [Page 8](https://sfbos.info/documents/218/2014-10-07-minutes#page-8) Board of Supervisors Meeting Minutes 10/7/2014 Supervisor Campos, seconded by Supervisor Breed, moved that this Ordinance be AMENDED in Section 41A.4(d) by prohibiting short term rentals in certain units that have been the subject of an eviction under the Ellis Act. The motion carried by the following vote: Ayes: 8 - Avalos, Breed, Campos, Cohen, Kim, Mar, Wiener, Yee Noes: 3 - Chiu, Farrell, Tang Supervisor Breed, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED in Section 41A.5(d) relating to ability of certain non-profit organizations to bring civil actions regarding violations in certain units that have been the subject of an eviction under the Ellis Act. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. Supervisor Chiu, seconded by Supervisor Cohen, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Economic Development Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140775 [Planning Code - Amending Definition of Residential Unit and Residential Conversion Requirements] Sponsor: Avalos Ordinance amending the Planning Code to amend the definition of Residential Unit and clarify the requirements for a Residential Conversion of a Residential Hotel Unit regulated under Administrative Code, Chapter 41; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Chiu, seconded by Supervisor Avalos, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to Monique Zmuda, Deputy Controller, in recognition of 37 years of distinction, professionalism, and dedication to the City and County of San Francisco upon her retirement Supervisors Avalos, Tang, Farrell, Campos, Wiener, Angela Calvillo, Clerk of the Board, and Ben Rosenfield, Controller, shared in this commendation. Privilege of the floor was granted to Monique Zmuda and Ben Rosenfield into the well for a photograph, this privilege was approved without objection. City and County of San Francisco Page 723 Printed at 4:13 pm on 11/21/14