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Commission split leads to de facto denial of condo conversion at 424–434 Francisco Street
Summary
After lengthy public testimony and legal arguments about prior evictions, the Planning Commission split 3–3 on a motion to approve a condominium conversion at 424–434 Francisco Street; the vote left the application de facto disapproved amid disagreement about whether prior Ellis Act evictions could be considered.
SAN FRANCISCO — The Planning Commission’s review of an expedited condominium conversion at 424–434 Francisco Street ended in a tie Thursday, producing a de facto denial after a contentious hearing that reheated longstanding disputes about prior evictions and the city's subdivision rules.
Planning staff told the commission they had reviewed rent‑board and court records and found no disqualifying record that would legally bar the expedited map under the city’s subdivision code. Staff also noted that courts have limited the city’s ability to deny applications solely because owners previously used the Ellis Act to remove tenants.
Organized opposition — including former tenant advocates and neighborhood groups — urged the commission to consider the eviction history, arguing the project sponsors bought the property intending to convert it to condos and that multiple elderly or disabled tenants had been displaced in earlier years. Former trial counsel for the tenants told the commission the 2007 appellate record described owner intent to create vacancies and to convert the building.
City Attorney staff advised the commission that case law limits the city’s ability to deny a conversion based only on Ellis Act evictions, and said the subdivision code’s specific timing thresholds (for example, a three‑year lookback for elderly/disabled displacement and an 18‑month re‑apply period) had to be applied as written. Commissioners opposing approval said their objections were grounded in policy: the potential loss of rent‑controlled units and the conversion’s inconsistency with housing‑element goals to preserve affordable rental supply and moderate first‑time‑buyer opportunities.
A motion to approve the map failed on a 3–3 split; no alternative motion gained four votes, and the chair recorded the application as de facto disapproved. Commissioners who voted against approval said the conversion would remove rent‑controlled stock and undermine General Plan housing objectives; commissioners voting for approval said staff’s review met the city code. Several commissioners asked staff to capture the policy reasons for the split decision in the record in case of appeal.
