Commission backs Transbay street and air-rights vacations with deed protections and reversion clause

The commission voted to find the Transbay Joint Powers Authority's requested partial street vacations and conveyances in conformity with the General Plan, subject to deed restrictions and conditions requested by the Planning Department.

Planning staff explained the vacations are primarily of airspace and below-grade rights, required for the above-grade transit center structure, bus ramps and the below-grade rail box. Staff emphasized the vacations generally begin about 18 feet above street grade and will not change street-level sidewalks or most surface uses.

At staff insistence TJPA accepted deed restrictions that (1) limit use of the vacated airspace and subsurface conveyances to the Transbay Transit Center project (including bus ramps and rail extensions); (2) prohibit TJPA from conveying vacated portions to any private party (transfer allowed only to another government entity operating the facility); and (3) provide automatic reversion of vacated property to city ownership if the vacated parcels are ever abandoned or not used for transit purposes. Joshua Switzky noted that this reversion provision "automatically reverts back to city ownership" if the parcels are abandoned.

Commissioners sought and won a formal acknowledgment that the Planning Department would continue to participate in public-realm/street-scape design and review as the multi-decade project proceeds; staff agreed to finalize a memorandum of understanding and send a formal letter detailing the department's ongoing role. The commission adopted the conformity finding and associated report.

Outcome: Planning Commission vote to find vacations/conveyances in conformity with general plan; deed restrictions and a planning-department oversight commitment were added.