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Board grants rehearing in long-running Beach Motel zoning dispute; merits hearing set
Summary
The Board of Appeals voted unanimously to grant a rehearing in the decades-long dispute over the Beach Motel (4201–4211 Judah St.), citing a 2002 certificate of use as new evidence; a merits rehearing was set for June 20, 2012.
The San Francisco Board of Appeals unanimously granted a rehearing on April 11 in a long-running zoning dispute over the Beach Motel at 4201–4211 Judah Street, concluding that a Feb. 2002 certificate of use constitutes new information that warrants reconsideration.
Andrew Zacks, attorney for the property owner, told the board the 2002 certificate confirming 20 tourist rooms was not before the board in 1998 and that courts later resolved related litigation in favor of his client. Zacks argued the COU’s issuance should have preclusive effect. Steve Collier, counsel for the Tenderloin Housing Clinic (THC), countered that the 2002 COU explicitly does not override planning-code requirements and said the Ellis Act and court precedents do not permit property owners to unilaterally change zoning entitlements.
Scott Sanchez of the Planning Department reviewed historical records indicating varied reportage of tourist and residential counts across decades and agreed the 2002 COU is newly available material. Multiple public speakers, including Supervisor (speaker 25), urged the board to rehear the matter so a fresh panel can resolve the complex administrative and court history.
The board voted 5–0 to grant rehearing, set aside the 1998 decision, and scheduled a merits rehearing for June 20. The board instructed staff to work with parties to provide briefing and to ensure a full panel would be available to hear the case.
What’s next: Parties were directed to prepare briefs and evidence ahead of the June merits rehearing.
