Shell Oil Co. v. City and County of San Francisco

Opinion

RACANELLI, P. J.

On appeal from a denial of mandate, we consider the dispositive issue whether a lessee under a written real property lease has standing to apply for a conditional use permit as an “owner” within the meaning of section 303, subdivision (b) of the San Francisco City Planning Code. For the reasons discussed herein, we conclude that appellant-lessee is entitled to apply for the conditional use permit for consideration on its merits.

The facts are relatively straightforward: Shell Oil has operated an automobile service station on the subject real property (the northeast…