12 Hill Street - Notice of Decision

7/24/2019 12 Hill Street - Notice of Decision

1/4

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SAN

.FRANCISCO

L NNING

DEP RTMENT

1 6 5 0

M i s s i

September

10,

015

S u i t e

4 0 0

Sa n

F r a n c i s

C

A

9 4 1 0 3 -

P

rovenzano-Maloney

Trust

R e c e p t i o n :

1

015 South Van

ess Avenue

4 1 5 . 5 5 8 . 6

S

an

Francisco,

CA

4110

F a x :

4

1 5 . 5 5 8 . 6

N

OTICE

OF DECISION

n

f o r m a t i o n

4

1 5 . 5 5 8 . 6

S

F

dministrative Code hapter41A

Short

Term esidential Rental

S

i t e

Address:

1 2

i l l

S t r e e t

A

s s e s s o r s Block/Lot: 3617/046

Z

oning

i s t r i c t :

RH 3 R e s i d e n t i a l - House, hree Family) oning i s t r i c t

omplaint

Number:

2015-008003ENF

H

earing

O f f i c e r : Adrian C .

utra,

415) 75-9079 or

[email protected]~

DE C I S I O N

T

he Directof

appointed

hearing o f f i c e r , Adrian C. Putra, has determined t h a t Provenzano

-Maloney

T

r u s t , the

owners

of 1 2 i l l

S t r e e t

were

n v i o l a t i o n of

the Administrative

Code

hapter

41A

o r i l l e g a l l y

o

f f e r i n g

two

welling

u n i t s

f o r rent

as a o u r i s t

or

Transient use

a . k . a .

short-term

r e n t a l ) . The e t a i l s

of

t

he

i o l a t i o n

and

d e c i s i o n are discussed

below.

T

h i s decision

s based o n

the n t i r e t y of h e record before

the hearing o f f i c e r ,

including

but not i m i t e d to

t

estimony of

witnesses

and

the responsible

party

and

information

submitted by

Planning Department

s

t a f f , the

responsible

p a r t y / i e s , an

d

t h e r

w i t n e s s e s . The

record

may be found a t 1650

Mission

S t r e e t ,

S

u i t e

400, San F r a n c i s c o . Although f a c t u a l information from

the

record

i s

summarized

below,

t h i s

d

e c i s i o n

i s

based on the record a s a whole.

DESCRIPTION O F I O L A T I O N ;

T

he

s u b j e c t

property i s a two-story

building c ontaining seven- u n i t

dwelling

u n i t s .

The Planning

Department received a complaint

on June

24, 2015, a l l e g i n g t h a t

dwelling

u n i t s a t 1 2 H i l l S t r e e t a r e

o

p e r a t i n g as unauthorized

short-term

r e s i d e n t i a l r e n t a l s ( a . k . a .

Tourist

or

Transient

s e ) .

U

NLAWFUL CONVERSION

hapter

41A

of

the San Francisco Administrative Code p r o h i b i t s the o f f e r i n g

of

r e s i d e n t i a l u n i t s

f o r

T

o u r i s t

or

Transient

use

which

i s

a

r e n t a l fo r

l e s s than 30

days), unless

the u n i t s

are

r e g i s t e r e d

on

he

w

w w . s f p l a n n i n g . o r g


2/4

12

i l l

S t r e e t

Complaint No. 015-008003ENF

Chapter41A otice of ecision

S

eptember

10,

015

S

hort-term R e s i d e n t i a l Rental e g i s t r y . Under Administrative Code e c t i o n

41A.6,

f the

Hearing

O f f i c e r

d

etermines h a t a v i o l a t i o n

has

occurred, n

administrative

penalty h a l l

be

assessed

as o l l o w s :

1. For the

i n i t i a l

v i o l a t i o n , not more than four tunes the standard hourly

a d m i n i s t r a t i v e

r a t e

of

$

121.00

o r each unlawfully

converted

u n i t , or o r each d e n t i f i e d f a i l u r e

of

a

Hosting Platform to

c

omply

with

the requirements of subsection

g ) ( 4 ) ,

per

day

r

om

the

n o t i c e

of

Complaint

u n t i l

s

u c h time as

the

unlawful c t i v i t y

t e r m i n a t e s ;

2

. For

the second

v i o l a t i o n

by

the same

Owner(s),

usiness

E n t i t y ,

or

Hosting

Platform,

not

more

th an

eight

times the standard

hourly administrative a t e

of

121.00

o r

each unlawfully converted

un i t ,

or f o r

each

i d e n t i f i e d f a i l u r e

of

a Hosting Platform

to

comply with

the

requirements

of

s

ubsection g ) ( 4 ) ,

per day

from the

day

the

unlawful a c t i v i t y

co m m en ced u n t i l such time

as the

unlawful c t i v i t y t e r m i n a t e s ; and

3

.

For the t h i r d and

any

subsequent v i o l a t i o n

by

the

s a m e

Owner(s), Business E n t i t y ,

or Hosting

P

latform,

not

mor e than twelve times

the

standard hourly administrative a t e

of

121.00 o r each

unlawfully converted

unit

or

o r

each d e n t i f i e d f a i l u r e of a Hosting Platform t o c ompl y

with

th e

requirements of subsection g ) ( 4 ) per day rom the day the unlawful

a c t i v i t y

co m m en ced

u n t i l

s

u c h

time

as the

unlawful

c t i v i t y

t e r m i n a t e s .

COMPLAINT

A N D

SUPPORTING DOCUMENTS

O

n

June

24, 2015, Planning

Department

s t a f f

received

a complaint t h a t dwelling u n i t s a t the s u b j e c t

property

w e r e

operating

as

an unauthorized short=term r e s i d e n t i a l r e n t a l s . S t a f f found t h a t t w o n i t s a t

t

he

property were

f f e r e d

as

hort

term e n t a l s

on Airbnb www.airbnb.com),

N

OTICE O F COMPLAINT

A N D

A P P A R ENT VIOLATION

O

n

une

30, 2015,

t a f f

i s s u e s a Notice

of

Complaint o the property

owne r

by e r t i f i e d and

non

- c e r t i f i e d

m

a i l .

On uly 1, 015,

t a f f

posts a o t i c e a t the u b j e c t

property

o t i f y i n g

the owners

of

the hearing.

ADMINISTRATIVE HEARING

O

n

A u g u s t

12, 2015, the hearing o f f i c e r

convened

the

a d m i n i s t r a t i v e hearing.

All t e s t i f y i n g

witnesses

w

ere s w o r n in and

he hearing

was

udio recorded.

The

hearing

was

ttended by the

ollowing

people:

r

drian

utra,

hearing f f i c e r

s. aura Lynch, t a f f planner

r

a r c

rovenzano,

roperty

o w n er

M

.

Lynch,

t a f f

planner

gave

the following testimony:

n

une

25,

015,

t a f f

l o c a t e d

a c t i v e short

term

e n t a l

l i s t i n g s

f o r

u n i t s

a t the property on Airbnb.

n July 2, 2015,

s t a f f

found t h a t the Airbnb l i s t i n g s have been modified to

s t a t e

a

31 day

m

inimum

t a y ;

however

the

body of

the i s t i n g s s t l l provided a

d a i l y

and

weekly a t e with th e

f

ollowing

statement:

I f

y o u

are i n t e r e s t e d

in

staying

l e s s

than 3

ights in

a s l o t t h a t s h o w s

a v a i l a b i l i t y - Please send u s a message by

entering

d i f f e r e n t dates and a message.

n uly

3,

015,

t a f f

found

h a t the i s t i n g s

have

been removed from Airbnb.

M

. Provenzano,

d e n t i f i e d

himself

as one of the property owners and gave the

following

testimony:

S A N

FRANCISCO

L NNINGDEP RTMENT


3/4

12

i l l

Street

Complaint No.

015-008003ENF

Chapter

41A Notice of Decision

S

e p t e m b e r

10,

2015

he

two

n i t s l i s t e d as short-te rm r e n t a l s

on

Airbnb w e r e managed

by

his

wife who

was not

p

r e s e n t ) , who s

a l s o

an

owner f the

property.

ne of the

units

i s

vacant

and

was

f f e r e d

as

a

short-term

r e n t a l a f t e r

the tenants

moved out,

w

h i l e the

other

unit o f f e r e d for

short-term

r e n t a l i s tenant

occupied, and was

ffered on Airbnb

w

i t h

the

e n a n t s

permission

to

help cover

his

e n t .

he

ddre ss of the unit

i d e n t i f i e d

as Kevin') ccupied

by tenant

s 12 2

H i l l S t r e e t , Unit

1.

he ddress

of

the

vacant unit

s

12 i l l S t r e e t ,

Unit A, hich according

to

the own e r

s

currently

u

ndergoing

renovations and w i l l be occupied by

his

mother.

POS T

-HEARING SUBMIS SION

M. Carrie Maloney,

property owne r,

ubmitted

additional information

on A u g u s t 24,

2015.

ummary

of

he

submittal

s below:

a r t i a l

screenshots f r o m Airbnb showing

that h e i r two i s t i n g s

have

b een

deactivated f rom he

w

e b s i t e .

ecord

of

completed transactions

f o r the

period

f r o m

July of

2015

to

D e c e m b e r of

2015,

s

howing

that

both

units

w e r e reserved f r o m

J u n e 30,

017

o

July 7,

015.

M.

Lynch went

on

a s i t e v i s i t

of

th e s u b j e c t

property

on A u g u s t

27,

2015,

to m e e t

with

th e

property

owner and inspect the tw o u n i t s previously l i s t e d

on

Airbnb.

According

to Ms.

ynch,

during

her

s i t e

vi s i t

she

fo und the

unit which

the

owner

dvised w i l l be occupied

by

is

m o t h e r

to be completely

u nder

c

onstruction. When nspecting the second u n i t , which

the

own e r claimed i s occupied by a tenant; Ms.

Lynch reported

that

she

observed

t h a t :

he

roperty

own e r t a t e d that

the unit s rented o u t u l l time

by a

resident

and h i s

g i r l f r i e n d

an

d

t

hat they

moved

n to the unit

in October 2014.

The

fridge was mpty.

he l o s e t s did

not

have any clothes

in t h e m .

he ed room did not

appear

to

be occupied.

h e room

ontained

a

number

f items p i l e d

around

the room o r a baby and

ooked as f i t

could

be

sed

for s t o r a g e .

hen sked about

providing

a e a s e ,

proving

a 30 day

tenant, he propert y owner

esponded that

h

e

did

not believe there

was

lease ag reement or

the

u n i t .

M.

Provenzano

submitted on

e p t e m b e r

2,

2015, a

copy

of

the

lease

for

his

tenant who

he i d e n t i f i e d as

evin

in

his

testimony

during the Administrative Hearing

h a t , t o o k

place on u g u s t

12,

015.

F

INDINGS

Based

on

he

review of the record as a

whole,

he

hearing

o f f i c e r

finds

as

follows:

1.

That

two

dwelling

units at

th e u b j e c t

property

w e r e

i o l a t i o n

of

operating

as an l l e g a l Tourist or

T

ransient

u s e n t i l at

e a s t

Ju ly 7, 015.

2

. As of July 3, 2015, the

two

dwelling

units

at the

property

w e r e

no

longer offered for

t o u r i s t

or

t

ransient

use based

on

he Airbnb i s t i n g s for the

property

being

r emov ed.

SAN FRANCISCO

P

NNING

DEP RTMENT


4/4

12 i l l S t r e e t

omplaint No. 015-008003ENF

Chapter

41A Notice of Decision

S

eptember

10,

015

3

.

However, hort

term

r e n t a l

a c t i v i t y

continued

at

both

units u n t i l

July 7, 2015,

based

on

a record

o

f

completed t r a n s a c t i o n s f o r

the

period from July of 2015 to

December

of

2015, ubmitted by Ms.

loney showing that both

units

were reserved from June

30,

017 o July 7,

015.

C

ONCLUSION

AND

ORDER

B

ased

on

he above findings

and

the

evidence in

the record

as a whole,

he hearing

o f f i c e r

determines

that

t

wo

welling units at

the

property were

operating

as a Tourist or Transient use through July 7,

2015

in

v

i o l a t i o n

of

Administrative Code

hapter

41A.

Because h i s

i s

an n i t i a l v i o l a t i o n ,

the hearing

o f f i c e r

may

assess

administrative

p e n a l t i e s

f r

om

the

date of

the

Notice

of

Complaint (here June 30,

2015)

n t i l th e

d

a t e the

v i o l a t i o n

i s cured (here July 7,

2015)

on

both

a per diem and per unit

b a s i s .

T hus ,

by

h i s

d

etermination

the hearing

o f f i c e r

assesses administrative p e n a l t i e s

against

the

property

owners for a

o t a l

o

f

16

d a y s

three

days

per

each

unit)

at a a t e of $484 per day. Accordingly,

administrative p e n a l t i e s

for

the

t o t a l

amount of

7 , 7 4 4 . 0 0 ,

i s now

due

o

the

Planning

Department.

Please submit

a

check for

th e

t

o t a l

amount f

7 , 7 4 4 . 0 0 ,

payable to

Planning

Department Code

nforcement Fund immediately.

Si n c e r e l y ,

drian

C .

utra

Haring Officer

:

Laura

Lynch, lanner,

San Francisco

Planning

Department

S

AN FRANCISCO

P

AlJNING

DEP RTMENT

12 Hill Street - Notice of Decision

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