Skip to main content

tv   [untitled]    March 3, 2015 10:30am-11:01am PST

10:30 am
clerk call item 2. >> a resolution imposing the zoning control for a 12 month period. >> supervisor jane kim is the author of this and supervisor kim will make a presentation on the discussion of this item. >> thank you supervisor cohen and others for the interim controls i've introduced similar ones in october of 2013 and have since of e then been adding the loss of housing due to the conversion of office space from residents those have been converted without the benefit and i'm sure in multiple building in market street and on the tenants have been in several building through rincon hill and through mid-market letting us
10:31 am
you know they've received evictions nos and their nationally not permitted to be remain and once the market become hot the property owners were turning that around after converting it illegal to bring it to the office market arrest the how's permitted within a pre1979 live building is protected by the affordable housing to tenants we have heard from many of the tenants in building such as this and includes all over the and people in the food industry and small businesses owners and teachers those are the tenants we're trying to keep here in san francisco as our how's market continues to get more expensive
10:32 am
choice unfortunately for many facing eviction nos it is difficult to find housing would leave the city posing long travel for many and san francisco the well-being and vital depends on the housing and types and pricing for the inhalant and as stated in policy requires a public hearing and review of application, however those protections don't expending extend to residential uses that are convert without the benefit of a permit the intent of the legislation to control the removal of roiblg use in k34er8 spaces and review the statics h status as
10:33 am
permanent legislation can address the issue and to clarify the issue when the market was not doing well in the 90s and 2000 we found that many property owners had illegal converted their office space into residential use often for decades and finding in the last couple of years it was profitable 36 they evicted the tenants then tooement to convert them back into office space this set of interim controls passed october 2015 with a announce support of the board of supervisors it extraordinary this is a reintroduction to continue the interim controls while we work on the issue i'm offering a if i amendment i've provided the copies to the clerk
10:34 am
and supervisor wiener to clarify the conditional use applies for all permits to reestablish the review and the permit will not be effective until the conditional use authorization and so just want to ask the city attorney in if i need to read those into the record. >> john gibner, deputy city attorney you don't have to read them read into the record if any members of the public wants a coop they may have one. >> thank you. >> thank you very much okay. thank you i'd like to take public comment on the item right now item 2 i have a stack of cards i'll call the speakers please line up over here by the podium and have
10:35 am
steve melissa chris barker arrest carl hass (calling names) remember you have to minutes to speak thank you. >> thank you four 7, 8, 9 i'm a tenant i'm here because i'm concerned about what was happening in the building i had neighbors that kind of got evicted now i have an architecture firm this wasn't a problem until recently, i think what you were in so doing with the interim controls there is reconstruction in my building very frequently and there removing the lots of
10:36 am
where people sleep over the kitchen there's a real estate agent that i actually had had a key and came into my apartment he wanted to rent he is representing a commercial unit next to my neighbors real estate so i'm hoping you can stop business from profiting without the public profiting i think they're doing this because its profitable and it's the governors job to make sure that for business to profit the people need to profit as well. >> thank you very much. >> thank you. next speaker, please. >> good afternoon. my name is what melissa i'm a tenant that is effected by this i wanted to
10:37 am
thank you for enacting and stating the interim controls i urge you to do it again having to move will mean leaving the city and perhaps the state and maybe the country it is very expensive i have a friend in a commercial space that their rent increased by 6 hundreds i couldn't afford the city that if we were to rent at market rate i hope you can support us in maintaining affordable housing thank you. >> thank you. >> thank you. next speaker, please. >> chris barker. >> i've lived in affordable unit in the mid market area i want to thank the supervisors for the controls and courage we need to pause so the city asking
10:38 am
can fourth how best to balance the growth with its stated deserve to maintain the affordable units in this city i encourage you to vote yes thank you very much. >> hi, i'm carl hass i'm an effected tenant living in the market area in a building that turns out is commercial this would have been more to speak but my landlord serviced e south side of is with a retaliatory retaliatory lawsuit that proclamations, resolutions, recognitions and awards proclamations, resolutions, recognitions and awards patterson is the attorney we've lived in here since 1985 in the interim worked as a morph as an activist, as well, now a small
10:39 am
business owner in the mid-market area as well if anyone tells us we're not losing our workers i can't hire people because my amount of money they can't afford the time and the commuter expenses to come to san francisco they don't need to come here symone of the reasons is because when i got to san francisco i moved spent my first year in a renovated warehouse hospital and moved into another commercial space and eventually raised my family here that's the kind of alternative housing is the first stop on the way to the success i have thank you. >> thank you charley carl. >> if tenants could a say how long their lived in the building
10:40 am
that's great. >> next will be tommy, amy torrey are and others thank you. >> good afternoon. i feel fortunate at having the same job in so for the past 18 years i remember work a health food place that's why i've been fighting to keep my rent control housing to keep my job i've been a resident at 1949 market street for the last nen 10 years in the silk a difference group of tenants oofrtsz and lgbtq folks and people of color and physically k457b8d people young and old we represent the
10:41 am
diversity of san francisco so urging the 0 with board to give a favorable vote when our case first hit in the fall of 2013 the practice those press called it the largest eviction case since the 1970s in our case 3 large buildings over by the same group of folks that are not pleasant to deal with we were served coming to speak we were served notices and lawsuits it is like an intimidation so a number of people managed to escape the process server and have not been agriculture able to speak that is what is going with our landlord that is a cutdown throat person. >> thank you for your comments
10:42 am
tommy. >> i'm tommy with the housing rights committee we're in full support of this legislation for us this legislation is stopping evictions and stopping the loss of rent control unit this is was it boils down to the units are usual on the rent control and the commercial has been rented for years asz as residential and therefore if they meet the requirements the rent ordinance built about 79 in our building of more than one unit they're in the protection of rent control despite their illegal since those sundown in september we've seen a number of cases and calls to our counseling line in the mid market area as supervisor kim said we're facing evictions by landlord that want to turn
10:43 am
their apartments into commercial to make money we know that mid-market is hot real estate it is more viable to rent commercial than residential in the mid-market so it seems to me that if we don't have the rent control if planning didn't eventually pass some kinds of rent control on the situation we're going to see the loss of a lot more all over the and service providers people that have made the city what it is the city has to enclosures the policy this is the way the city enforces the policies safe our rent control stock people before profits i hope you'll send this to the full board with a favorable recommendation thank you. >> thank you. next speaker. amy, torrey, daren and ann
10:44 am
carol. >> hi, i'm tony one of the tenants others 1049 lived there 18 years now thank you for the interim controls i feel like all the tenants are battled tenant over the last 3 years i think today, we have a way of sending a clear message to building owners that greed is not a lawful reason to evict someone i want to thank you guys for preserving affordable housing in the city i think it's important to put these interim controls to do so and send a message that this is not the way to get rid of people harry's tenant is not the way to get rid of people and that is pretty much it i
10:45 am
want to also see my neighbors i want to be able to have my neighbors next to me and know they're not being talented with in their homes i think that is horrible so thank you and i'd like to see the interim controls put back in. >> thank you amy not here daren. >> naomi arrest good afternoon. >> good afternoon. >> i'm a resident of 1049 for owner 15 years i want you to consider to you know consider the tenants have 1049 to continue to maintain the rent control as that is currently in place i speak on behalf of all the tenants of 1049 and the other tenants that are impacted
10:46 am
by the evictions and illegal the different legal things that are going on we ask you vote yes on above the tenants thank you very much naomi and cooper next will be raymond and teresa. >> hi, i'm north america me i've been on market since 1998 in san francisco for thirty years worked 20 years in the after-school programs and 3 years in the preschool in chinatown and as a teacher i've seen a lot of teachers can't afford to live here families are struggling
10:47 am
there are people that are moving out of town can't afford to raise the family in the city there's about 80 unit of prices that used to be affordable housing in our building i think for the good of the tenants here and also just for the future of san francisco we're losing our teachers we're losing our public servants and people we need more the city and all over the i hope the interim controls are reinstated like most of the tenants here i'll probably have to leave the bay area there is no place we're just regular folk anymore and a lot of us in the building are older or do have a lot of money some are disabled so thank you so much for putting those controls into place and please run state them thank you
10:48 am
thank you, thank you very much. >> raymond please come on. >> hi, i'm amy a member of 1049 market street that purchased the buildings in december of 2012 as well as a member of the ownership group for 1047 in which similar violation codes it is zoned commercial and encyclopedias that 70 office unit that tenants have been illegal living in in march of 2013 after we purchased the building we got a notice of violation stating people were illegal letting in the commercial unit and had 90 days to abate knowing that the lofgs would not be possible we granted
10:49 am
a permit for the violation based on the permit on september 27201360 notices to vacate were sent so dbi granted us thirty days to complete the abatement with this time on october 28, 2013 we sent the additional notices to one and two and a one and two co-y requested we invalet our notices while the suspension went to the board of appeals in april the zoning control are tended to effect the future of the building this leaves this in the hands of a long process in the planning commission it could take years to shoulder the liability of tenants living in that extremely unsafe units with the fire
10:50 am
safeties and the devastating dreams it is eir responsible for the city to force our hand in allowing the potential fire hazards thank you. >> >> thank you. next speaker, please. >> thank you, supervisors firing 7, 8, 9 today, i'm ryan patterson an attorney for 1049 market street, llc and 1047 llc the property owners are here let's be clear this legislation is intended to altercate those properties we've unaware of other properties effected by this legislation you have final written comments on this ordinance resolution we also object to not knowing
10:51 am
what amendments have been opted they're not with the legislation research centers website and it's enforceable to deliver a commentary we're objecting to supervisor kim's participation in the process based on demonstrated bias narrator of the tenants of those buildings controlled here to force the property owners to maintain a life safety hazard despite the issuance of the violations has been hazardous situation controls vicinity the california ceqa and conflict with the general plan that makes the office use in commercial permitted use the controls conflict with the building code and state building code and
10:52 am
preempted by the stating and don't seek to comply with those codes we also maintain that those are controls don't apply to this property based on the lack of abandonment of ongoing commercial use here however if applied 0 those property had will constitute taking and we'll file an appeals. >> thank you very much good afternoon, supervisors i'm pat from the licensed structural engineer been practicing for 35 years i specialize on building and existing buildings revving i'm president of the structural innovation for the previous owner i spent 3 years studying
10:53 am
and designing the proposed legalization of those units at 1049 and worked on the 1067 and this is before my lawyers got involved i couldn't get it to work to comply with the state law we say ask it to be down cut to the floor to be removed it is per rating a building like stamps and it will reserve the requiring the removal of unit on the 6th floor when you factor in the cost to build the is it fair to say and those shfts trigger an seismic upgrade your closely approaching where the cost of the total work to the value of the unit is upside down it is 4 hundred
10:54 am
percent i'll give you another example this will post a value of the building the total value of the building this building is not a candidate for conversion of office to residential it is possessing a life safety risk for the handbag ability and will become a burden on police, transit and public services and if you're looking for affordable housing the soft story dwelling unit is a better way to add units this is not a - >> may i ask a followup through the chair. >> sir we have a question. >> thanks for presenting our life and safety improvements that the dbi has questioned at the request of the building over and over owner we had follow-up
10:55 am
meetings because you couldn't main those unite as residential wus of the issues you've brought up dbi through it's discretion made an exception so if the city is making an exception that the building owner didn't have to enlist we agree why would you be bringing those points up now. >> the building inspection doesn't want the authority i've sat in all the meetings but never been documentation waving not the city building code but the state building code in those meetings have you the fire department the fire department is the state agency until the state fire marshall says you can
10:56 am
do it. >> i know the department of building inspection disagrees with you. >> thank you. next speaker. >> next speaker. >> i'm sorry before the speaker continues. >> supervisor wiener. >> the fire department is not a state agency the fire department is a city and county of san francisco agency that is bound by our city policy. >> thank you. >> good afternoon. i'm raymond i work to sun distance first of all i want to thank supervisor kim for listening and introducing this legislation i'm here today to ask that you support the residential conversion to residential use we need to make sure that the residents have a chance to stay in their home we have a lot of
10:57 am
examiner in the pipeline it is no secret everyone knows we're in a housing crisis we need to protect the tenants that live and work here there's a lot of people getting evicted through the ellis act and seniors people with disabilities that are displaced in their homes we need to protect the people that will and strife in the neighborhood and cities let me say in district 6 we have the highest percentage of people living in poverty right now 21 percent is higher than the whole city estimated that is 11 percent we need to protect the existing residents to stay in their home one housing is a human right and everyone needs to protect that the building affordable housing is a priority
10:58 am
need right now not another office space and also, we need to protect the residents the people that live in the neighborhood that makes the city what it is thank you. >> thank you. >> thank you. next speaker please. >> hi, i'm teresa i'm from the bill housing program we also support the interim control of the conversion with the residential unit to be commercial uses as you guys all know south of market we're most of our clients live we are experiencing a lot of changes a lot of it is developments coming in our city area and we see those correct that's why we support this interim controls there's no space pretty much for south of market residents to live and there's a lot of like commercial spaces and higher luxury apartment that is
10:59 am
not really kaertd is to the south of market residents so we support this thank you. >> thank you very much. >> thank you. next speaker, please. >> good afternoon, board of supervisors i'm the family organizer of the south of market community action network as an organizer i've met families that need affordable housing that's why i'm here to support of the no conversion of the commercial into how's we need the low income housing for our families thank you. >> thank you very much. next speaker. >> good afternoon steve tenderloin housing include i'm here to speak in favor of the proposal i represent a lot of the neighbors on market street just to creaking correct a few items this is not the only
11:00 am
building that was changed from imperial to residential the landlord on market knows their lease says it is a commercial lease if coincidentally residential use is allowed it talks about what residential is tenants won't be evicted the landlords knew that was occupied arranging and it is as planned the light and air requirements have been talked about by the adapting and it is fully sprinkled and 0 it is no a health and safety issue the maintenance and things like cleaning the bathrooms and maintaining the elevators and this front door that's not being done this is if you don't