Commission continues contentious 424 Francisco garage dispute after ADA, eviction concerns

The Planning Commission continued the highly contested request for discretionary review of a garage permit at 424 Francisco Street to Feb. 11, 2010, after days of testimony from tenants' advocates, neighborhood groups and the property owners.

Chinatown Community Development Center, tenants and neighborhood groups urged the commission to take Doctor (discretionary review) and deny the permit, citing a pattern in which no-fault evictions are followed by garage additions that enable TIC or condominium conversions. They presented permit-scan data and testimony from displaced tenants and senior residents who said garage additions had been used as a marketing tool in recent TIC conversions.

The property owners and sponsor argued the building is in poor structural condition and needs seismic upgrades and foundation work to be made safe; sponsors said the bank would not finance necessary work without the additional value the garage would provide. Several neighbors and tenant representatives disputed that financing argument and requested documentation. The project sponsor countered that the Ellis Act evictions predated their purchase and that they had paid an in-lieu fee in other cases and were seeking a workable path to rehabilitation and occupation by working families.

Deputy city attorney Marlena Byrne told the commission she needed time to research newly raised Americans with Disabilities Act and fair-housing issues that had emerged in public testimony; the chair continued the item at the attorney's request so the office could provide formal legal advice. The continuance passed 6–1 with Commissioner Seguier dissenting.

Next steps: staff and the city attorney will prepare legal guidance and a supplemental staff report for the Feb. 11 hearing; public testimony remains open.