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x~vo~b3sn o~~~~~a~ PLANNING DEPARTMENT
September 17, 2015

1650 Mission St.

Suite 400
San Francisco,
CA 94103-2479

Patricia Barlow
1611 Jackson Street
San Francisco, CA,94109

Reception:
415.558.6378
Fax:
415.558.6409

NOTICE OF DECISION
SF Administrative Code Chapter 41A Short Term Residential Rental

Site Address:
Assessor's Block/Lot:
Zoning District:
Complaint Number:
Hearing Officer:

Planning
Information:
415.556.6377

1308-1312 Leavenworth Street

0215/006
RM-3(Residential Mixed Medium Density) Zoning District
13374_ENF
Adrian C. Putra,(415)575-9079 or adrian.~utra@sf ~ov.org

DECISION
The Director's appointed hearing officer, Adrian C.Putra, has determined that Patricia Barlow, the owner
of 1308-1312 Leavenworth Street has violated Administrative Code Chapter 41A for illegally offering
and/or operating two dwelling units for rent as a Tourist or Transient use (a.k.a. short-term rental). The
details of the violation and decision are discussed below.
This decision is based on the entirety of the record before the hearing officer, including but not limited to
testimony of witnesses and the responsible party and information submitted by Planning Department
staff, the responsible party/ies, and other witnesses. The record may be found at 1650 Mission Street,
Suite 400, San Francisco. Although factual information from the record is summarized below, this
decision is based on the record as a whole.

DESCRIPTION OF VIOLATION
T'he subject property contains three dwelling units (1308'Leavenworth, 1310 Leavenworth, and 1312
Leavenworth Streets). T'he Planning Department received a complaint on July 30, 2014, alleging that the
property has been converted to short term rentals.

UNLAWFUL CONVERSION
Chapter 41A of the San Francisco Administrative Code prohibits the offering of residential units for
Tourist or Transient use (which is a rental for less than 30 days), unless the units are registered on the
Short-term Residential Rental Registry. Under Administrative Code Section 41A.6, if the Hearing Officer
determines that a violation has occurred, an administrative penalty shall be assessed as follows:

www.sfplanning.org

1308-1312 Leavenworth Street

Complaint No.13374_ENF

Chapter 41A Notice of Decision

September 17,2015

1. For the initial violation, not more than four times the standard hourly administrative rate of
$121.00 for each unlawfully converted unit, or for each identified failure of a Hosting Platform to
comply with the requirements of subsection (g)(4), per day from the notice of Complaint until
such time as the unlawful activity terminates;
2. For the second violation by the same Owner(s), Business Entity, or Hosting Platform, not more
than eight times the standard hourly administrative rate of $121.00 for each unlawfully converted
unit, or for each identified failure of a Hosting Platform to comply with the requirements of
subsection (g)(4), per day from the day the unlawful activity commenced until such time as the
unlawful activity terminates; and
3. For the third and any subsequent violation by the same Owner(s), Business Entity, or Hosting
Platform, not more than twelve times the standard hourly administrative rate of $121.00 for each
unlawfully converted unit or for each identified failure of a Hosting Platform to comply with the
requirements of subsection (g)(4) per day from the day the unlawful activity commenced until
such time,as the unlawful activity terminates.

COMPLAINT AND SUPPORTING DOCUMENTS

On July 30, 2014, Planning Department staff received a complaint that the subject property was
converted to short term rentals. Planning Department staff investigated the complaint under Planning
Code Section 176 and found that two units at the subject_ property were being offered as short-term
rentals on a nightly or weekly basis through hosting platform websites Airbnb (www.airbnb.eom) and
VRBO (www.vrbo.com). Planning Department staff has worked to bring this property into compliance
utilizing the enforcement mechanisms under Planning Code Section 176 with no success.
On June 29, 2015, staff investigated the complaint under Administrative Code Section 41A and found that
two dwellings at the property were advertised on Airbnb for short term rental.

NOTICE OF COMPLAINT AND APPARENT VIOLATION

On June 30, 2015, staff issued a Notice of Complaint to the property owner by certified and non-certified
mail
On July 1, 2015, staff posted a notice at the subject property notifying the property owner of the hearing.

PRE-HEARING SUBMISSION
Staff received a mailed packet from the property owner on July 16, 2015. The packet contained an email
from Airbnb to the property owner, addressing her inquiry regarding the compan~s new user
agreement. The packet additionally contained a copy of the compan~s terms of service that were
updated on July 9, 2015.

ADMINISTRATIVE HEARING
On August 19, 2015, the hearing officer convened the administrative hearing. All testifying witnesses
were sworn in and the hearing was audio recorded. The hearing was attended by the following people:
Mr. Adrian Putra, hearing officer

SAN FflANCISCO
PLANNING DEPARTMENT

1308-1312 Leavenworth Street

Complaint No.13374_ENF

Chapter 41A Notice of Decision

September 17,2015

Ms. Audrey Butkus, staff planner

Ms.Patricia Barlow, property owner

Ms. Butkus, staff planner, gave the following testimony:

On June 29, 2015, staff located the listings on Airbnb advertising two units at the property for
short term rental.
On July 6, 2015, Ms. Barlow called Ms. Butkus and left her a voicemail inquiring about the Notice
of Complaint.
On July 7, 2015, Ms. Butkus spoke with Ms. Barlow via telephone during which Ms. Barlow
agreed to remove any remaining online presence of the subject property and stated a desire to
come into compliance with Administrative Code Section 41A.
Ms. Barlow, property owner, gave the following testimony:
Ms. Barlow is currently living at 1310 Leavenworth Street, while her residence at 1308
Leavenworth Street undergoes renovations over the next 12 months. .
Ms. Barlow will move back to 1308 Leavenworth Street once the renovations are completed.
Ms.Barlow's listings on VRBO were removed prior to June 30,2015.
Ms. Barlow did have two separate individuals stay at 1312 Leavenworth Street on a short-term
basis after June 30,2015, because she was unable to cancel their Airbnb reservations.
Ms. Barlow wrote a check to one of the individuals that stayed at 1312 Leavenworth Street in an
attempt to reimburse her stay; but as of the date of the hearing, her check had not been deposited.

POST-HEARING SUBMISSION
Ms. Barlow submitted a packet of additional information on August 26, 2015. A summary of the
information of the submittal is below:
A summary of Airbnh reservations printed on August 19, 2015,showing all of the cancelled
short-term rental reservations for 1310 and 1312 Leavenworth Streets that were to take place
between August 1, 2015 and February 8, 2016.
An Airbnb booking confirmation for an individual that stayed at 1310 Leavenworth Street from
July 3,2015 to July 10, 2015..
A reservation calendar for 1312 Leavenworth Street, which showed that the dwelling was booked
for short-term rental from July 1,2015 to July 5, 2015, and from July 18, 2015 to July 22, 2015.

FINDINGS
Based on the review of the record as a whole, the hearing officer finds as follows:
1. The dwelling at 1310 Leavenworth Street was offered for Tourist or Transient use until at least
July 2,2015.
2. The dwelling at 1312 Leavenworth Street operated as an unauthorized Tourist or Transient use
until at July 14,2015.
3. The dwellings at 1308, 1310, and 1312 Leavenworth Streets are not currently being offered for
Tourist or Transient use.

SAN FRANCISCO
PLANNING OEPARTM ENT

1308-1312 Leavenworth Street

Complaint No.13374_ENF

Chapter 41A Notice of Decision

September 17, 2015

CONCLUSION AND ORDER

Based on the above findings and the evidence in the record as a whole, the hearing officer determines that
the dwelling at 1310 Leavenworth Street was offered or operated as a Tourist or Transient use through
July 10, 2015 in violation of Administrative Code Chapter 41A. Additionally,. the hearing officer
determines that the dwelling at 1312. Leavenworth Street was offered or operated as a Tourist or
Transient use through July 5, 2015, and during the period of July 18, 2015 to July 22, 2015, in violation of
Administrative Code Chapter 41A. Because this is an initial violation, the hearing officer may assess
administrative penalties from the date of the Notice of Complaint (here June 30,.2015) until the date the
violation is cured (here July 22, 2015) on both a per diem and per unit basis. Thus, by this determination
the hearing officer assesses administrative penalties against the property. owners for a total of 19 days
(eight days for 1310 Leavenworth Street and 11 days 1312 Leavenworth Street) at a rate of $484 per day.
Accordingly, administrative penalties for the total amount of $9,196.00, is now due to the Planning
Department. Please submit a check for the total amount of $9,196.00, payableto "Planning Department
Code Enforcement Fund" immediately. Please be aware that curing the violation of Administrative
Code Chapter 41A does not absolve the owner of accrued penalties for the violation assessed when
enforced under Planning Code Section 176.

Sincerely,

Adrian C.Putra
Hearing Officer
CC: Audrey Butkus,Planner, Office of Short Term Rentals, City &County of San Francisco

SAN FRANCISCO
PLANNING DEPARTMENT.

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