Ordinance would not approve the Development Agreement and amend portions of the planning and administrative codes in order to facilitate implementation of the project. The amendments create a consolidated approval process at the Preservation Commission and Planning Commission. They provide for a comprehensive approach in order to preclude the otherwise peace meal process called for existing code provisions. Specifically the amendment enable a master conditional use authorization, master certificate of appropriateness and master permit to alter applications to be filed. And on november 20th and 21st of this year, the historic Preservation Commission and Planning Commission considered the master permit to alter as well as the master conditional use respective of those bodies. They were approved unanimously [please stand by] want to thank the members of the commission and their staff and members of the historic Preservation Commission and their staff. Is there anybody here from the department of building inspection, which is also involved in this . Good afternoon. Im Joseph Barber from the department of building inspection. Im a housing inspector. You can drop your put your coat on mr. Sanchezs lap. [laughter] thats better. Can you hear me now . Yes, sir. All right. So im the resident from the department of building inspection. Is there anything you would like to add . We are gaining units under the Hotel Conversion ordinance. I think theres under chapter 41, theres they are converting all the units in 860 sutter to resident designations which means theres eight extra rooms under the conversion ordinance. So we are happy with that. We are getting extra rooms. Thank you, mr. Barber. From the Mayors Office of housing, mr. Adams, if you are here, you are welcome to weigh in. If you are not, it is okay. It has been a marathon meeting here at land use and transportation committee. Anything you want to add . No. Ms. Jenson . Mr. Smith . All right. We will open this up to public comment. Public comment is open. The floor is yours. You have nothing to say . [off mic] this is the end. Yes, ms. Hester. Oh. I have two minutes, not three. Just pull that microphone down a little bit. Im stunned, that i have two minutes for a battle that people have been waging i will give you as much time as you would like. Thank you. Because a lot of people couldnt come here today. One of the things thats been going on is this battle thats been waged by the public. The public, the Planning Department, supervisor peskin, was heavily involved at the beginning. Thank you. A lot. But the main concern of the public was housing issues. And eventually housing issues, because they were taking over hotels and rentcontrolled units. We didnt even know how much they had taken over because they never explained anything. They never bothered filing an institutional master plan. So we were out of compliance with the planning code. When they started following it, the Planning Department had enough information to start inspecting them. A lot of n. O. V. S went to them. And it became clear that there is a need to get a concentrated campus. One of the interesting things thats in your packet is i have to on as you can see, it has become this is in your environmental document in the packet. The avenue is here, and they are going to here. And i was wondering what the thing was on here, because they had, like here, they had pardon me. This is the existing campus. Campus right here shows theres this academy of art facility literally on this block. Its a block away on hayes. And it should be the map should be corrected to that place. And that is 115 hayes. Its a block from here, right next to something thats under construction, the conservatory of music. They were building housing, a large amount of housing just south of city hall. Its hard to speak on a mic and point to it. Does this work . Yes. And so this the proposeed campus. Pardon me. This is existing campus. And this is the proposed campus. The proposed campus is missing 34 which is the back page of it. Its parking garage. At van ness for the academy of art students and staff and faculty. And they have also they have the crown museum here, a car museum here, a car museum here. So the academy has shifted to van ness avenue. And they have a large facility by California Hall on locust street. I will go back. So they moved the facilities on their van ness, and they keep running around their buses, its free advertiseing. They have the bus system. They have a campus concentration on sutter street, and they have sprawl up and down van ness avenue. And they have another facility in the south of market in mr. Haneys district. The people concentrated on, in their comments in the years we went through the hearings. They need to Pay Attention to building housing for their students. Some of it really addresses part of it. But what we found in the city, what you found in the city, is the biggest need for housing. So part of the problem that people like me are having right now is figuring out why are you allowing them to basically sell their sites, get rid of their sites, instead of keeping the site for housing. The site in the van ness corridor makes sense for housing is 150 hayes. Right next to Student Housing being built by the conserve horry of con conservatory of music. 150 hayes is they are being allowed to walk away from i am it without keeping a site for housing. The other thing around van ness avenue thats happening is its being rebuilt right now. It happens right around you. And the campus is rebuilt and has facilities up and down van ness avenue on polk street. You should be pardon me, the academy of arts should be getting rid of their buses and putting people on muni. One of the big ridiculous things that ive been working with is the Development Agreement wasnt available at all. Until the 25th of november. And it became available to me as an individual, at 8 00 at night on friday. So it was functionally monday the 28th. And today is december ninth. Ninth. It doesnt show a lot of respect to people from the public who dont have a big staff, dont have a lot of money, dont have all these people here. So i do not in any way want to cut you off. No, no, im going to end it right now. Im going to end it. Basically i want to be assured, the people who have done work have disability access, people who have done work for housing, people who have done work for van ness avenue corridor and were not able to come to this hearing today hostage. So this is the only hearing. We had only one hearing on the i. M. P. , which was finally filed pardon me, june jul. And it was adopted pardon me, accepted on july 25. We have no idea how you are getting around chapter 56 prohickson Development Agreement agreements prohibition Development Agreement. I have to figure out how do they do this. But the basic thing is youre planning on having the first vote of the board of permit appeals on january 7. The second vote, january 14th. Theres no opportunity to give information back to the board after today, which is pardon me. One of the things im looking at is haney because its your district as well as his district 3. Ironically, the one area that we pushed the academy of art for supervisor peskin was when they take over the flower mart. And we pushed them out. They didnt they walked away from 100,000 ernest money consideration but yes, please proceed. Part of the problem is the academy of arts has acquired an illegally converted into Student Housing two different projects, Major Projects in your districts. And there should be an opportunity for the public to submit this in writing, in a nice time frame, which is hard to do today. I couldnt do that. Thank you. So i will shut up. No. Thank you, ms. Hester. I would like to thank you for your dogged determination and legal skills in holding this institution accountable for many more years than the City Attorney brought suit. And this would not be here today and let the good not be the enemy of the perfect. Next speaker, please. You actually can speak as long as ms. Hester as a matter of law. I would like to get on the issue that i came here for. So just very quickly, im really sad that this agreement is not returning more of our rentcontrolled buildings to our permanent residents, to our city here today. That has been a really huge loss. And, again, as i think she also said in terms of losing s. R. O. S as well, we have lost so much housing. And the art academy has been the worst in creating a huge crisis for us in not building Student Housing, that not being limited, not being certain regulations in place that are enforced. So that is my great disappointment with this as well as there not having been enough opportunity for the public to weigh in. I am hoping the city got truly the best deal possible. It doesnt really seem that way in that in order to rebuild what we have lost, it is so much more expensive today, and as well as the idea of we dont have that much land. So i just needed to say that. And especially in the district that i live where the art academy has been pretty horrendous, i just wanted that to go on record as well as to ensure that the enforcement that is supposed to be in this agreement also in terms of turning the Student Housing into accessible housing for people with disabilities, i want to make sure that is actually enforced. And i do hope that you will be watching that. So thank you very much. Thank you. Are there any other members of the public who would like to testify on item number 12 . Seeing none, we will close public comment. Mr. Adams, are you here . Anything you would like to add on behalf of the Mayors Office of housing . Thank you, supervisors. Dan adams. The only thing i would add is we are supportive of this settlement agreement. We have been involved in its negotiation throughout and are excited to see the city take a next step on this process. Im happy to answer any specific questions regarding the affordability requirements. And im here at your disposal. Thank you. Colleagues, do you have any questions for mr. Adams . City attorneys office, supervisor safai. I want to make a quick comment. I know it can be frustrating at times to look back in retrospect and see when someone has been a bad actor that we are not necessarily always able to get the equivalent of what seems like what was lost. But in many instances, and my perspective over the last 20 years of being active in local government here, there ares when the city gets nothing at all. And for all the hard work that the City Attorney, the Planning Department, supervisor peskin, i know you have put in countless hours, actually the head City Attorney himself, all the people that were involved in this negotiation, i think this is probably one of the best outcomes that we could have anticipated. I know it might not be equivalent of replacement, but at the end of the day, when we have created a new fund of money that will be supplemented, when you think about the Small Sites Program and how those moneys can be leveraged, when we think about the Affordable Housing money that is leveraged against state dollars and ultimately the way in which the Mayors Office of housing is creative in terms of making dollars stretch and working those dollars, i think ultimately, this is something that we should be proud of. And i think that the amount of hours and time that city staff along with Community Advocates put in to getting as best results as we could. And now we have an actor that is participating and following the rules, and i think thats also an important part of this. And i can tell you one thing, i know supervisor peskin wouldnt put his name on something that he didnt feel was the best result for the city. So in that, i feel confident as well. I forgot i put my name on it. [laughter] as they say in iran, [speaking foreign language] may the party continue to add here to the terms of the settlement and this agreement. To City Attorney, to his staff and ms. Jenson, ms. Ruiz, ms. Smith, ms. Sexton, to the Planning Department staff, Planning Commission, to ms. Hester and mr. Angman and others who i will not name who have continued to hold the academy of arts feet to the fire, this has been an interesting day in so far as we have not only done the academy of art matter but the flower market matter, which were linked as she said, in 2008, when the academy of art tried to buy out the italian side of the flower market, here we are 11 years later with a different problem, but we will leave that to the full board of supervisors on the 17th day of december. And with that, is there a motion to send this item to the full board without without recommendation made by supervisor safai . We will take that without objection. Thank you. Yes, deputy City Attorney . The meeting of january. January 7, my bad. Great. Arbitration between now and then. That will be the order. Madame clerk, i think you already read item 10, is that true . No, i did not item 10 is to receive public input on the appropriate amortization period and requesting the Mayors Office of housing and community development, department of building, department of homelessness to report. Thank you, ms. Jay jor. Ms. Major. This is our last item. Welcome to the holidays. As you may remember, i think the only member of this panel to remember would be safai who voted with the rest of the board in 2017 on our Hotel Conversion ordinance update legislation that allowed longer than sevenday stays in our hotels. And that has been the subject of litigation for quite some time. And actually i realize i should not have thanked ms. Ruiz on the previous item, she is here for this item. So we are now talking about a amortization ordinance. This is only an informational hearing to hear from members of the public about their thoughts about this. It started off, i thought i would bring up matt from the department of building inspection to give us background on how we got here and give us an overview of the Hotel Conversion ordinance and why it is necessary, what it does, what is allow, how it is enforced. So mr. L. Uten, as you will deposit your jacket as all d. B. I. Members do. The floor is yours. Thank you. Good afternoon. So just to give a brief overview of the ordinance, ill give as brief as i can. So chapter 41 of the San Francisco administrative code titled the Residential Hotel unit conversion and demolition ordinance, we call it the h. C. O. Or Hotel Conversion ordinance. It was enacted on june 26, 1981 in response to a recentlydeclared housing emergency that was created by the loss of approximately 6,000 residential guest room from the rental market. That caused the displacement of elderly disabled and lowincome persons. Though the primary purpose of chapter 41 is to preserve residential guest rooms, also called s. R. O. S, in the city, as they are crucial source of housing for elderly, disabled and lowincome tenants. Residential guest rooms are typically sleeping rooms without the private bathrooms or cooking facilities. The original d. O. Required all owners and operators to file an initial unit usage report, indicating the total number of guest rooms within their hotels and how each guest room is being occupied as of september 23, 1979. So guest rooms that were occupied by permanent residents for 32 consecutive days as of this september 23 date were designated residential units and became subject to the protections of the chapter. The other rooms became subject to chapter 37. They became subject to chapter 41. So in the initial report, the owners submitted to the city how each room how each room in the hotel was being occupied as of that september 23rd date. And the date the rooms that were occupied by residential tenants, which was defined as 32 consecutive days. Those rooms became residential guest rooms subject to chapter 41. And then the other rooms were designated tourist units. The ordinance now regulates approximately 20,000 residential units and approximately 500 buildings throughout the city. The general prohibitions of the chapter provide that residential units may not be demolished or converted to another use. All residential units may not be rented out for tourist or transient use. Currently that means terms of tenancy less than seven days. They cannot be offered for rent for tourist or transient use either. Theres a very narrow exception that is widely misunderstood and misused, which allows qualifying residential guest rooms that happen to be vacant during the high tourist season to be temporarily rented out for tourist or transient use so long as no more than 25 percent of the residential guest rooms are not temporarily or are temporarily converted. Thank you. Another exception is just for the record, if you could just rearticulate that. And raise the microphone a little bit for the record if you could rearticulate what you just said. Sure. So the exception, theres a very narrow exception to this. You are not able to rent out residential guest rooms for tourist or transient use. The exception, which is misunderstood and misused, allows qualifying residential guest rooms, meaning the guest rooms have to qualify before they can be used for this conversion, or for this exception, they have to happen to be vacant during this high tourist season which is defined as may 1 through september 30. Those rooms may be temporarily rented out for tourist or transient use so long as no more than 25 percen