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Committee clears Mary Street pedestrian paseo encroachment and maintenance agreement for 5M project

San Francisco Board of Supervisors Land Use and Transportation Committee · July 12, 2021
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Summary

The committee approved a resolution allowing the 5M project permittee to build and maintain a pedestrian-only paseo on Mary Street, authorizing an encroachment/maintenance agreement with collapsible bollards, a private telecom conduit and a non-potable water line; staff estimated developer maintenance at about $38,000 per year and described enforcement remedies in the encroachment agreement.

The Land Use and Transportation Committee voted July 12 to forward a resolution granting revocable permission for a pedestrian-only paseo on Mary Street between Mission and Minna Streets as part of the 5M development project.

Philip Wong of the Office of Economic and Workforce Development summarized the Mary Street pedestrian paseo component of the 5M project: a curbless paseo with special pavers, a bespoke storm drainage system, streetlights and collapsible bollards to restrict vehicle access while allowing emergency access. The project includes a private underground telecommunications conduit between the residential and office towers and a non-potable water line to convey on-site graywater for toilet flushing and irrigation.

Wong told the committee that if the resolution is adopted, Public Works will be allowed to enter into an encroachment permit and a permanent maintenance agreement with the permittee that sets ownership, maintenance obligations and enforcement. Staff said the annual maintenance cost estimate is about $38,000 and that the developer will bear that cost. Supervisor Aaron Peskin questioned a $375 initial public-right-of-way occupancy assessment fee for the telecom conduit; DPW staff explained the fee reflects a very small cross-sectional area crossing the right of way and the city attorney explained enforcement provisions, including requiring the permittee to post twice the annual maintenance cost in escrow if maintenance obligations are not met.

No public callers spoke on this item. The committee voted to forward the resolution to the full Board with a positive recommendation. Should the Board approve the resolution, Public Works will enter the encroachment and maintenance agreement and the permittee will proceed with construction and maintenance responsibilities described in the agreement.