# Board of Supervisors Minutes: July 14, 2015 - Meeting date: 2015-07-14 - Document type: minutes - Source format: PDF - Extracted pages: 27 - [Canonical HTML transcript](https://sfbos.info/documents/282/2015-07-14-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=413874&GUID=193C5D5B-2348-4A4B-8525-0FCA0A9793C2) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 150082: Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial Transit District - Pages: 4-5 - Sponsors: Breed - Vote 1: final-passage, likely final - Action: 150082 [Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial Transit District] Sponsor: Breed Ordinance amending the Planning Code to establish the Divisadero Street Neighborhood Commercial Transit District along Divisadero Street between Haight and O’Farrell Streets in place of the Divisadero Street Neighborhood Commercial District and make conforming and other technical changes to various other sections; amending the Zoning Map to make changes that conform with the Code amendments; 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. Ordinance No. 127-15 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150295: Administrative Code - Short-Term Residential Rentals - Pages: 5-6 - Sponsors: Campos; Mar and Avalos - Vote 1: amendment - Action: a listing once a residential unit has been rented for tourist or transient use for more than 60 days in a calendar year, and provide certain usage data to the Planning Department; revise the definition of interested parties who may enforce the provision of Chapter 41A through a private right of action to include permanent residents residing within 100 feet; amend the private right of action provisions to allow for a private right of action against hosting platforms and create an additional private right of action against owners, business entities, and hosting platforms under certain circumstances; provide for criminal penalties against hosting platforms in violation of this Chapter 41A; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 3, Line 15, by adding 'has not been the subject of an eviction pursuant to the Ellis Act and Administrative Code Section 37.9(a)(13) within the five year period prior to applying for the Registry if such eviction occurred after November 1, 2014.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: amendment - Action: City Registry prior to listing, remove a listing once a residential unit has been rented for tourist or transient use for more than 75 days in a calendar year, and provide certain usage data to the Planning Department; revise the definition of interested parties who may enforce the provision of Chapter 41A through a private right of action to include permanent residents residing within 100 feet; amend the private right of action provisions to allow for a private right of action against hosting platforms and create an additional private right of action against owners, business entities, and hosting platforms under certain circumstances; provide for criminal penalties against hosting platforms in violation of this Chapter 41A; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Campos, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 1, Line 4, by striking '60' and adding '75'; on Page 1, Line 7, by striking '60' and adding '75'; on Page 7, Line 17, by striking '60' and adding '75'; and on Page 10, Line 23, by striking '60' and adding '75'. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 3: first-reading - Action: NOT PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener ### File 150363: Administrative Code - Short-Term Residential Rentals - Pages: 6-7 - Sponsors: Mayor; Farrell - Vote 1: amendment - Action: 150363 [Administrative Code - Short-Term Residential Rentals] Sponsors: Mayor; Farrell Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a residential unit to no more than 120 days per calendar year; revise the definition of interested parties who may enforce the provisions of Chapter 41A, through a private right of action to include permanent residents residing within 100 feet of the residential unit; create an additional private right of action under certain circumstances; create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Farrell, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: amendment - Action: Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a Residential Unit to no more than 120 days per calendar year; revise the definition of interested parties who may enforce the provisions of Chapter 41A, through a private right of action to include permanent residents residing within 100 feet of the residential unit; create an additional private right of action under certain circumstances; change the administrative hearing process from mandatory to at the request of any party found in violation of this Chapter; create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Yee, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener - Vote 3: amendment - Action: Privilege of the floor was granted to John Rahaim, Director, Planning Department, who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 4: amendment - Action: Supervisor Christensen Duplicated the file, as amended, pursuant to Board Rule 5.31. See File No. 150752 Supervisor Christensen, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Tang, Wiener - Noes: Avalos, Campos, Kim, Mar, Yee - Vote 5: first-reading - Action: City and County of San Francisco Page 489 Printed at 11:19 am on 9/14/15 Board of Supervisors Meeting Minutes 7/14/2015 Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: revise the definition of interested parties who may enforce the provisions of Chapter 41A, through a private right of action to include permanent residents residing within 100 feet of the residential unit; create an additional private right of action under certain circumstances; change the administrative hearing process from mandatory to at the request of any party found in violation of this Chapter; create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Tang, Wiener - Noes: Avalos, Campos, Kim, Mar, Yee ## Extracted text ### [Page 5](https://sfbos.info/documents/282/2015-07-14-minutes#page-5) Board of Supervisors Meeting Minutes 7/14/2015 Referred Without Recommendation from the Land Use and Transportation Committee 150295 [Administrative Code - Short-Term Residential Rentals] Sponsors: Campos; Mar and Avalos Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a residential unit to no more than 60 days per calendar year; require hosting platforms to verify that a residential unit is on the City Registry prior to listing, remove a listing once a residential unit has been rented for tourist or transient use for more than 60 days in a calendar year, and provide certain usage data to the Planning Department; revise the definition of interested parties who may enforce the provision of Chapter 41A through a private right of action to include permanent residents residing within 100 feet; amend the private right of action provisions to allow for a private right of action against hosting platforms and create an additional private right of action against owners, business entities, and hosting platforms under certain circumstances; provide for criminal penalties against hosting platforms in violation of this Chapter 41A; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 3, Line 15, by adding 'has not been the subject of an eviction pursuant to the Ellis Act and Administrative Code Section 37.9(a)(13) within the five year period prior to applying for the Registry if such eviction occurred after November 1, 2014.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a residential unit to no more than 75 days per calendar year; require hosting platforms to verify that a residential unit is on the City Registry prior to listing, remove a listing once a residential unit has been rented for tourist or transient use for more than 75 days in a calendar year, and provide certain usage data to the Planning Department; revise the definition of interested parties who may enforce the provision of Chapter 41A through a private right of action to include permanent residents residing within 100 feet; amend the private right of action provisions to allow for a private right of action against hosting platforms and create an additional private right of action against owners, business entities, and hosting platforms under certain circumstances; provide for criminal penalties against hosting platforms in violation of this Chapter 41A; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Campos, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 1, Line 4, by striking '60' and adding '75'; on Page 1, Line 7, by striking '60' and adding '75'; on Page 7, Line 17, by striking '60' and adding '75'; and on Page 10, Line 23, by striking '60' and adding '75'. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee NOT PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - Breed, Christensen, Cohen, Farrell, Tang, Wiener City and County of San Francisco Page 488 Printed at 11:19 am on 9/14/15 ### [Page 6](https://sfbos.info/documents/282/2015-07-14-minutes#page-6) Board of Supervisors Meeting Minutes 7/14/2015 150363 [Administrative Code - Short-Term Residential Rentals] Sponsors: Mayor; Farrell Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a residential unit to no more than 120 days per calendar year; revise the definition of interested parties who may enforce the provisions of Chapter 41A, through a private right of action to include permanent residents residing within 100 feet of the residential unit; create an additional private right of action under certain circumstances; create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Farrell, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to: limit short-term rental of a Residential Unit to no more than 120 days per calendar year; revise the definition of interested parties who may enforce the provisions of Chapter 41A, through a private right of action to include permanent residents residing within 100 feet of the residential unit; create an additional private right of action under certain circumstances; change the administrative hearing process from mandatory to at the request of any party found in violation of this Chapter; create an Office of Short-Term Residential Rental Administration and Enforcement staffed by the Planning Department, Department of Building Inspection, and Tax Collector’s Office; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Economic Impact) Supervisor Yee, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - Breed, Christensen, Cohen, Farrell, Tang, Wiener Privilege of the floor was granted to John Rahaim, Director, Planning Department, who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Christensen Duplicated the file, as amended, pursuant to Board Rule 5.31. See File No. 150752 Supervisor Christensen, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 6 - Breed, Christensen, Cohen, Farrell, Tang, Wiener Noes: 5 - Avalos, Campos, Kim, Mar, Yee City and County of San Francisco Page 489 Printed at 11:19 am on 9/14/15