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Board alters hotel conversion bulletin, corrects queue order after disputes over prior filings
Summary
The Board of Appeals granted an appeal of the Zoning Administrator'issued hotel conversion bulletin and adopted the ZA'proposed corrections; commissioners debated whether subdivision or environmental filings constituted a "complete application" and voted to implement the ZA's September 18 adjustments to the queue.
San Francisco ' The Board of Appeals on Oct. 1, 2008 granted appeals challenging the Zoning Administrator's May 23 bulletin and related letter of determination that established the limited queue for large tourist hotel conversions under Admin Code '41f.
The ordinance caps pre'2010 condo conversions and assigns a limited number of conversion credits on a first'come, first'served basis. Disputes at the hearing focused on what counts as a "complete application" to secure a place in the queue: some hotel representatives and counsel argued subdivision/conversion applications filed with the Department of Public Works (DPW) in late 2007 or early 2008 were complete and should retain earlier queue positions; Unite Here Local 2 and other parties urged stricter application-of-record standards, saying some files lacked environmental (CEQA) or sufficient DBI materials and could not be treated as complete.
Planning staff told the board they intended to honor fairly filed, pre'effective date applications that described condo conversion intent, but acknowledged errors and factual inconsistencies in initial publications. After hearing legal briefs and testimony from multiple hotel representatives, union counsel and Planning and DBI staff, the Board voted 5'to— to grant the appeal of the bulletin and accept the Zoning Administrator's September 18 corrections to how the queue is established. Commissioners later voted to adopt the modified Letter of Determination after further motioning, directing staff to return formal findings for adoption under the charter.
The decision leaves in place a queue process governed by the ZA's clarified rules (subdivision or environmental application may form the basis for entry, depending on circumstances) while directing staff to correct factual errors and publish a revised list. Several hotel sponsors (including the Grand Hyatt and Saint Francis) had argued for earlier placement based on filings; the board instructed planning staff to implement a uniform, documented approach and prepare written findings spelling out the adjustments.
The board's action resolves the immediate administrative dispute over the queue but leaves room for subsequent appeals once staff issues formal corrected documents and the official queue listing is republished.
