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Commissions approve limited shadow allocations and conditionally accept Redwood Park proposal; planning vote 4–3

San Francisco Planning Commission & Recreation and Park Commission · March 18, 2010
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Summary

City staff and the two commissions found the project's net new shadow on Maritime Plaza and Sue Bierman Park would not be adverse and conditionally accepted a sponsor donation/expansion of Redwood Park; Rec & Park voted 5–0 and Planning Commission 4–3.

The Recreation and Park Commission and the Planning Commission each considered staff analyses of the project’s shadow impacts and the proposed donation and expansion of Redwood Park. Rec & Park adopted staff’s resolution unanimously (5–0). The Planning Commission later voted 4–3 to raise Maritime Plaza’s cumulative shadow limit modestly, establish a limit for Sue Bierman Park, and authorize allocating that shadow budget to the 555 Washington project.

Staff framed its recommendation around five criteria: cumulative impacts, whether the new shadow affects high-use portions of the parks, future uses, park size, and the amount of existing shadow. Planning and Rec & Park staff told the commissions that most new shadow occurs late in the day, affects park edges or intermittently used lawns, and would not materially impair primary uses.

Rec & Park action: The Recreation and Park Commission voted 5–0 to adopt the staff resolution recommending conditional dedication of Redwood Park (surface, subsurface and a defined vertical "cube" of rights suitable for park purposes) and to support raising/setting shadow limits, subject to recorded covenants and enforceable maintenance commitments.

Planning action: After extended debate about Proposition K’s 0-tolerance history and whether park expansion can be considered a mitigation, the Planning Commission approved allocating the adjusted shadow budgets to the project by roll call (four yes, three no). Opponents said the decision erodes prior 0% shadow protections for certain downtown parks and may set an unfavorable precedent; supporters said the donor-funded half-acre park expansion, perpetual maintenance funding and other public benefits make the limited shadow acceptable.

Park conveyance and enforceability: Project counsel explained the proposed conveyance as an airspace-style fee grant—conveying surface rights plus below-surface and a limited above-surface band (a "park cube") while the sponsor retains air and subsurface FAR rights outside the cube. Counsel and staff told commissioners this arrangement will be backed by recorded covenants, CC&Rs and maintenance obligations to be enforceable in perpetuity. Rec & Park asked staff and the City Attorney to finalize deed and covenant language before any acceptance by the Board of Supervisors.

Numbers and commitments cited at the hearing: sponsor representatives described a park expansion of roughly 50% in surface area, about $11M in direct cash value plus $2M in immediate improvements and a present-value maintenance obligation (project counsel characterized the total park value as approximately $18M), and a roughly $12M in-lieu affordable housing contribution. Staff provided shadow-calculation figures (Maritime Plaza net new shadow: ~2,822,513 square-foot hours; stated modelling percent ~0.88% of theoretical available sunlight; alternate framing as a percent of remaining sunlight was discussed).

Next steps: Rec & Park will deliver its conditional recommendation and the draft conveyance documents to the Board of Supervisors; Planning staff will incorporate adopted shadow limits and the conditions for enforceable park conveyance into the entitlement record. Opponents signaled continued scrutiny and potential legal review of the Prop K interpretation and record.