San Francisco commissions approve small shadow allowance to clear path for 36–38 Harriet Street housing project

The San Francisco Planning Commission and the Recreation and Park Commission on Feb. 17 voted to allow a limited increase to the Jean Friend Recreation Center’s cumulative shadow allocation so a proposed four‑story, 23‑unit housing project at 36–38 Harriet Street can move forward.

Planning staff recommended and commissioners approved a resolution allocating an additional 0.44% of the park’s annual available sunlight hours to the project and finding that the project’s net new shadow would not be “significant or adverse” under Planning Code section 2.95, the city’s sunlight ordinance. The Planning Commission approved the actions 5–2; Commissioners Moore and Seguire voted no. The Recreation and Park Commission approved the corresponding action unanimously.

The project sponsor, project manager Cara Hoosier, said the building would be four stories with 23 units, target LEED Platinum certification and include bike parking and a City Car Share pod. She said 22% of units are required to be below‑market rate by the Soma Youth and Family Special Use District rules, yielding five below‑market units in the development. Project sponsor Patrick Kennedy described staff calculations showing the as‑of‑right massing would have produced roughly 0.36% of shadow load and that the proposed additional five feet adds only about 0.125% more shadow while producing additional units.

Supporters including Cheryl O’Connor, a local real‑estate professional, and Tim Collin of the San Francisco Housing Action Coalition urged approval on housing and neighborhood‑fit grounds. Staff materials in the public packet said environmental documents and the project’s Mitigation Monitoring and Reporting Program (MMRP) were complete and available to the public since November 2010.

Opponents warned the change could undermine voter protections established by Proposition K and the 1989 joint memo that implemented Prop K’s sunlight criteria. Public commenter Bill Maher told commissioners that Prop K was intended to establish permanent sunlight standards and said the public expects parks to keep their sunlight. Planning staff and the deputy city attorney, Marlena Burn, countered that staff’s proposal is not an amendment to Prop K itself but a correction to the commissions’ 1989 implementation memo that had incorrectly listed Jean Friend as a park with over 20% existing shadow. Kevin Guy, planning staff, told commissioners the park’s existing shadow had been re‑measured at approximately 14%, below the 20% threshold used in the memo.

Commissioners split on procedure. Some argued for bifurcating two actions — (1) approve the project‑specific shadow allocation and (2) separately calendar a joint hearing to consider broader corrections to the 1989 memo and any policy implications. Others pressed for postponing any change until the original memo and independent studies could be reviewed. A continuance motion to June 9 failed 2–5.

The Planning Commission vote was recorded publicly: Commissioners Antonini, Gordon, Phan, Miguel and (recorded as) Lock/Olankin voted yes; Commissioners Moore and Seguire voted no. The Recreation and Park Commission acted unanimously to recommend that Planning find the project’s net new shadow would not be significant or adverse and to allocate the requested shadow budget to the proposed 36–38 Harriet Street project.

The planning case is listed as case number 2010.0128K for 36–38 Harriet Street. The commissions’ actions allocate a small incremental shadow budget to the project and leave open a separate, later agenda item for staff and the commissions to consider any broader corrections to the 1989 Prop K implementation memo.

The joint hearing was adjourned after the votes.