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313 Eureka Street


2750/034(aka 2750/047 & 048)
RH-2(Residential, Two-Family)Zoning District
12577_ENF
Audrey Butkus,(415)575-9129 or audre~.butkus@sfgov.arg,

Planning
Information:
415,558.6377

www.sfplanning.org

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:

UNLAWFUL CONVERSION

The subject property contains two dwelling units. T'he Planning Department received a complaint on July
9, 2013 alleging that the property was being used for short term rentals. Staff found the property
advertised online for rent on a nightly or weekly basis through,the website, VRBO (www.vrbo.com).

DESCRIPTION OF VIOLATION

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 parties 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.

T'he Directors appointed hearing officer, Audrey Butkus, has determined that George F. Hauser, the
owner of 313 Eureka Street has violated Administrative Code Chapter 41A for illegally offering a
dwelling unit for rent as a Tourist or Transient use. The details of the violation and decision are
discussed below.

DECISION

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

SF Administrative Code Chapter 41A Short Term Residential Rental

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415.558.6409

Reception:
415.558.6378

George F. Hauser
60 Bausch Street #201
San Francisco, CA 94103

1650 Mission St.


Suite 400
San Francisco,
CA 94103-2479

NOTICE OF DECISION

PLANNING DEPARTMENT

SAN FRANCISCO

September 17,2015

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313 Eureka Street


Complaint No.12577_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 9, 2013, Planning Department staff received a complaint that the subject property was operating
as an unauthorized short-term residential rental. Staff located the listings advertising both units in the
building on the website www.vrbo.com for short term rentals.

NOTICE OF COMPLAINT AND APPARENT VIOLATION


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

ADMINISTRATIVE HEARING
On August 12, 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:
Ms. Audrey Butkus, Hearing Officer
Mr. Adrian Putra, Staff Planner

7/9/13: Staff received a complaint that the subject property is operating as an illegal short-term
residential rental.

Mr. Ditto, the case planner, presented the information summarized in the staff report for 1673 Sacramento
Street including:

8/13/13: Staff found at least one residential unit at subject property's listed as a short-term rental
on Airbnb (www.airbnb.com) under the title, "3BR-Noe/Castro-Views, Modern Living" which
was hosted by a person named "Patty." 'The listing required only atwo-night minimum stay for
guests.

SAN FRANCISCO
PL4NNING DEPARTMENT

8/15/13- 5/30/14: Staff pursued compliance of the property under the methods of enforcement of
Planning Code Section 176, by issuing multiple letters (an Enforcement- Notice, a Notice of
Violation a Penalty, and two Notice of Penalties letters) to the property owner. During this time
the description for the online,, listing changed from requiring a minimum stay of 30 nights,
reverting back to allowing a one night stay, and then changing again to require a 30 night
minimum stay. During this period staff never received a response from the owner or a
representative regarding the complaint.

Chapter 41A Notice of Decision


September 17, 2015

7/1/15: Staff posted a Notice of Complaint at the front entrance of the subject property.
As of the date of the hearing, staff has not received a response from the property owner or
interested party regarding the Notice of Complaint and both VRBO listings. for units at the
property remain active online as short-term rental listings.
'

SAN FRANCISCO
PLANNING DEPORTMENT

Based on the above findings and the evidence in the record as a whole, the hearing officer determines that
two dwelling units at the property were offered for Tourist or Transient use through at least September
17, 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: violation ongoing) on both a per diem and per unit basis. Thus,
by this determination the hearing officer assesses administrative penalties against the property owner for

CONCLUSION AND ORDER

1. That two dwelling units at the subject property were offered for Tourist or Transient use until at
least August 19,2015.
2. The two dwelling units remain out of compliance as of the date of this Notice of Decision
(September 17, 2015).

Based on the review of the record as a whole, the hearing officer finds as follows:

FINDINGS

6/30/15: Staff issued a Notice of Complaint to the proper#y owner. Staff sent one copy of the
notice via USPS Certified Mail and another copy via USPS Standard Post to the property owner's
address on record. US Postal Service records indicate the notice sent by certified mail was
unclaimed by property owner as of July 20, 2015. The notice sent by USPS Standard Post has not
been returned to staff as of August 18, 2015.

6/29/15: Following Administrative Code Section 41A, staff found that two dwelling units at the
subject property were being listed on Airbnb with 30-day minimum stays requirements.
However, staff also found the- same two dwelling units offered online through VRBO
(www.vrbo.com) under the listings titled "Panoramic View, Modern Living in Castro & Noe"
and "A Panoramic View, Amazing Light, Vibrant Castro/Noe-Special Rates April:' Both of the
VRBO listings were offered as short-term rentals by advertising a nightly rate and requiring only
a two night minimum stay.

313 Eureka Street


Complaint No.12577_ENF

313 Eureka Street


Complaint No.12577_ENF

Chapter 41A Notice of Decision


September 17, 2015

80 days per each of the two units at a rate of $484 per day, per unit. Accordingly, administrative penalties
for the amount of $77,440.00, is now due to the.Planning Department. Please submit a check for the
amount of $77,440.00, payable to "Planning Deparhnent Code Enforcement Fund" immediately.
Because this is an ongoing violation, the hearing officer may continue to assess daily penalties beyond the
date of the notice of decision (September 17, 2015), until such time that the property has been brought
into compliance. For an up-to-date amount of penalties owed please contact the staff member listed in
this notice:

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This decision only concerns the violation of Chapter 41A of the San Francisco Administrative Code and
does not resolve any other.outstanding violations under the Planning Code, Building Code, or any other
municipal code.
Sincerely,

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Adrian Putra, San Francisco Planning Department

Audrey Butkus
Hearing Officer

Cc:

SAN FRANCISCO
PLANNING DEPARTMENT

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