Board upholds Public Works denial of Francisco Street condo conversion; directs written findings

The San Francisco Board of Supervisors on March 2 upheld Public Works' denial of a tentative map to convert six tenancy-in-common units at 424'434 Francisco Street to condominiums, directing staff to prepare written findings supporting the board's decision.

What happened: The board heard a lengthy, de novo appeal after the Planning Commission deadlocked on the proposal. Appellants'residents who bought tenancy-in-common (TIC) interests in the building'argued they were ordinary homeowners seeking conventional mortgage advantages. Opponents, including tenants'rights advocates and local residents, argued the building's history of Ellis Act and other eviction notices made the property ineligible for conversion under city law and policy designed to protect affordable homeownership and rental stock.

Why the board acted: In remarks from the dais and during the hearing, several supervisors and public commenters raised concerns about incomplete disclosures, a pattern of evictions tied to prior owners, and a documented short-term rental history for at least some units. Supervisor Aaron Peskin, who led the motion, emphasized that the record contained "omissions" and representations that raised follow-up questions about whether the applications and disclosures fully reflected the property's eviction and rental history. Planning staff had recommended approval, and Public Works determined that because the Planning Commission found the map inconsistent with the General Plan, Public Works was required to deny the tentative map.

Public testimony: Appellant attorney Scott Emblidge and several purchasers described the owners as "not real estate speculators" and asked the board to approve the conversion. Opponents included longtime tenants, neighborhood residents and housing advocates. Mitchell Ummerberg of the Affordable Housing Alliance and Tenderloin Housing Clinic attorney Steve Collier told the board the conversion should be disapproved because the record showed evictions aimed at clearing the building for conversion. Teresa Flandrich and other North Beach residents described the neighborhood context and urged denial to preserve affordable rental housing.

Board action and vote: After public testimony and deliberation, Supervisor Peskin moved to amend the agenda motion to conditionally approve Public Works' decision to disapprove the tentative map and to direct the Clerk to prepare written findings to support the board's action. The motion passed with 10 ayes (one supervisor had been recused from these items). The board thus upheld the Public Works denial and instructed staff to prepare findings for the record.

What the decision means: The board's action preserves the building's status as TIC units for the time being and prevents conversion to condominium form through this application. Opponents framed the decision as a defense of affordability and the integrity of the subdivision code provision that disallows conversion when eviction activity has taken place to prepare a building for conversion.

Attribution: Quotes and attributions in this article come from the following speakers as captured in the public hearing: Scott Emblidge (attorney for the appellants), Adam Smith and Shirelyn (appellant residents), James Ryan (acting City & County Surveyor, Public Works), Aaron Star (Planning Department), Mitchell Ummerberg (Affordable Housing Alliance), Steve Collier (Tenderloin Housing Clinic), Teresa Flandrich (North Beach resident), and Supervisor Aaron Peskin (motion-maker).

Ending: The board's direction to prepare written findings will be followed by clerk-drafted findings that the board will adopt to complete the legal record for the disapproval; the clerk was directed to prepare those findings and return them to the board.