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Planning Commission approves condo conversion at 3258 Market Street amid tenant notice dispute
Summary
The Planning Commission unanimously approved a condominium-conversion subdivision at 3258 Market St. after advisers and the applicant said tenant-pricing and tenancy eligibility issues fall under Departments of Public Works or DBI. The tenant's attorney said the notice misstates sales prices and urged a delay.
The San Francisco Planning Commission on April 3 approved a condominium-conversion subdivision for 3258 Market Street, a two-story-over-garage six-unit building, after hearing objections from the tenant's attorney about the accuracy of the notice provided to residents.
Staff from the Planning Department told the commission the proposal involves no exterior alterations beyond required Department of Building Inspections repairs and that the department had received two letters opposing the conversion. Planning staff said the reported sales prices in the notice reflect an "intent to purchase" used for subdivision review and that determinations about an occupant's lifetime-lease status fall under the Department of Public Works, not the commission.
In public comment, Alan Sowell, attorney for tenant William Wan, said the notice given to Wan listed proposed prices that are misleading and showed Wan's unit priced roughly $400,000 higher than a comparable unit. "It's this Commission's obligation to hold a public hearing to review condominium conversion to ensure consistency with the General Plan," Sowell said, arguing that inaccurate wording undermines tenants' right of first refusal and could be discriminatory because his client is a disabled senior.
Amber Wolf, representing the owners, told commissioners the apparent price differences reflect deeded features of Unit 3 — including a two-car garage and dedicated storage — and that, if Wan qualifies for lifetime tenancy under the subdivision code, the owners would grant it. Wolf added that conversion must be approved before those options can be implemented.
Deputy City Attorney Marlena Byrne and planning staff explained the commission's legal role: for condo-conversion applications the commission's review is limited to conformity with the General Plan and the Subdivision Code; prices and tenancy determinations are provided to DPW for their review. Commissioners asked whether other venues (DBI, DPW) could address the notice or ownership-transfer issues and were told there is an appeal and hearing process at DPW.
After commissioners debated the procedural limits and the tenant's concerns, the commission voted to approve the subdivision. The motion passed unanimously, 6-0.
Next steps: Department of Public Works and the Department of Building Inspections retain authority over subdivision and tenancy determinations; staff said those offices will adjudicate details such as lifetime-lease eligibility and any corrective notices.
