Tenderloin Housing Clinic, Inc. v. Astoria Hotel, Inc.

Opinion

PARRILLI, J.

the San Francisco Planning Code, a property use that “lawfully existed” on the effective date of new zoning controls is deemed a permitted conditional use. Is the city’s certification of hotel rooms as tourist units enough to establish their lawful existence for this purpose, or is proof of actual tourist use required? We hold that certification is sufficient.

The Tenderloin Housing Clinic, Inc., (Clinic) sued the Astoria Hotel, Inc. The Clinic claimed the hotel was violating San Francisco’s Planning Code (Planning Code) and the city’s Residential Hotel Unit Conversion and…