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Commission backs code change to let Old Saint Mary's sell development rights to fund seismic work

San Francisco Planning Commission · June 10, 2010
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Summary

Planning staff and preservation advocates won commission approval to amend TDR rules allowing certain Article 10 landmarks, including Old Saint Mary's, to sell development rights across C3 zones (except redevelopment areas) to fund seismic and life'safety retrofits; Historic Preservation Commission sought stronger guarantees that proceeds benefit buildings.

The Planning Commission on June 10 recommended approval of a package of amendments to the planning code to expand transfer of development rights (TDR) flexibility for individual landmarks in the downtown C3 districts, specifically to help landmark owners finance seismic retrofit and ADA upgrades.

What was before the commission: Planning staff described three components: rezoning Old Saint Mary's (660'680 California) from Chinatown Visitor Retail to Downtown C30; a Downtown/Chinatown general plan amendment to reflect that change; and amendments to Planning Code Section 128 to permit certain Article 10 landmarks to sell unused development rights across the C3 districts (but not into redevelopment areas). Staff said the change would let Old Saint Mary's access capital to fund seismic retrofit work it cannot otherwise finance.

Support and concerns: Clergy, interfaith and senior service groups, and parishioners said Old Saint Mary's is a community anchor that offers services to seniors and disaster sheltering and needs funding to complete the remaining retrofit phases; project sponsor Clint Callan and architect described prior retrofit work and outstanding deferred maintenance. The Historic Preservation Commission recommended moving the Old Saint Mary's portion forward while asking staff to study stronger mechanisms (trust or deed restrictions) to ensure funds go into building preservation rather than other uses.

Commission action: After questions about safeguards and the HPC view, the commission voted to approve the three'part change and forward the recommendation. Commissioners emphasized the legislation's wider policy value as a pilot mechanism to help income'starved landmarks finance retrofits.

Next steps: The item will move to the Board of Supervisors for final legislative action as part of the zoning and general plan amendments.