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TENDERLOIN HOUSING CLINIC v. ASTORIA HOTEL

No. A088494.

98 Cal.Rptr.2d 924 (2000)

83 Cal.App.4th 139

TENDERLOIN HOUSING CLINIC, INC., Plaintiff and Respondent, v. ASTORIA HOTEL, INC., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

As Modified on Denial of Rehearing September 15, 2000.

Review Denied November 21, 2000.

Attorney(s) appearing for the Case

Law Offices of Andrew M. Zacks, Andrew M. Zacks; Law Offices of Paul F. Utrecht, Paul b. Utrecht, San Francisco, for Appellant Astoria Hotel, Inc.

Stephen L. Collier, San Francisco, for Respondent Tenderloin Housing Clinic, Inc.

PARRILLI, J.

Under 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...

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