Jordan Harrison, Planner III, San Francisco Recreation and Park Department

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1 Date December 8, 2015 To: Through: From: Subject: Recreation and Park Commission Philip A. Ginsburg, General Manager Dawn Kamalanathan, Director, Capital & Planning Division Jordan Harrison, Planner III, San Francisco Recreation and Park Department Octavia Boulevard (Parcels M and N), Evaluation of Shadow on Patricia s Green Agenda Wording Patricia s Green Shadow Impact from Proposed Project at Octavia Boulevard. Discussion and possible action by the Recreation and Park Commission to adopt a resolution recommending the Planning Commission find that the new shadow cast on Patricia s Green by the proposed project at Octavia Boulevard will not have a significant or adverse impact on the use of the park, as required by Planning Code Section 295 (the Sunlight Ordinance). Background Section 295 of the Planning Code, adopted in 1985 pursuant to the voter mandate of Proposition K and also known as the Sunlight Ordinance, requires that the Planning Commission, prior to approving a project exceeding a height of 40 feet, make a finding that any shadow cast by the project onto property under the jurisdiction of the Recreation and Park Department (RPD) is insignificant. Under Section 295, the Planning Commission shall not make this determination until the RPD General Manager, in consultation with the Recreation and Park Commission, has had an opportunity to review and comment on the shadow effects of the proposed project. To implement Section 295, in 1987 and 1989, the Recreation and Park Commission and Planning Commission jointly adopted memoranda which set forth how to quantitatively measure shadow impacts and qualitative criteria to evaluate new shadow significance. Qualitatively, projects are evaluated based on the following: 1) existing park shadow profiles, 2) times of day of new shadow, 3) seasons in the year of new shadow, 4) location of the new shadow, and 5) size and duration of new shadows. The memoranda also include consideration of the public good served

2 by buildings casting a new shadow. Quantitatively, new shadows are measured in square foothours (sfh) to convey the duration and size of the shadow as a percent of Theoretically Annually Available Sunlight (TAAS), which is the total sunlight available in the park based on its size assuming no building shadows. The 1989 Memorandum (1989 Memo) also establishes Absolute Cumulative Limits (ACL) as a percentage of TAAS for 14 downtown parks (Planning Commission Resolution No ). To exceed the limits for one of the 14 parks named in the 1989 Memo, the Recreation and Park Commission and Planning Commission must jointly agree to increase the ACL established by the 1989 Memo. The 1989 Memo has no specific guidance on potentially permissible shading increases for parks that are less than two acres in size with an existing shadow load of less than 20% of TAAS, including Patricia s Green. Project Description The project site consists of two narrow parcels fronting on Octavia Boulevard and separated by Hickory Street, from north to south: Parcel M/350 Octavia and Parcel N/300 Octavia (Assessor s Block 0832/Lots ). The combined square footage of the two lots is 4,436 square feet (sf). The parcels are 18 3 in width and extend the entire length of the Octavia Boulevard frontage between Fell and Oak. Parcel M (350 Octavia) is 2,178 sf with Fell Street to the north, Gough Street to the east, Hickory Street to the south, and Octavia Street to the west. Parcel N (300 Octavia) is 2,258 sf and located south of Parcel M with Hickory Street to the north and Oak Street to the south. The project sponsor, Bay Area Urban Development, proposes two identical five story, 55 foottall, mixed use buildings, one on each lot. Each building would contain four two bedroom units and eight studio units. Each buildings would be 11,761 sf in size, with an additional 1,834 sf of open space on the roof and inclusive of 943 sf of ground floor commercial space. See Attachment A for the Project Location Map and Attachment B for Project Site Plan and Elevations. Surrounding Properties and Neighborhood The project site is located in the Hayes Valley neighborhood. Surrounding uses include a mix of ground floor retail and restaurants and upper floor residential uses. Most existing buildings in the area are two to five stories. Parcels M and N are part of the 22 Central Freeway parcels transferred to the city by Caltrans as part of the freeway removal project. The sites are within the former freeway alignment. Several new five story mixed use development projects have been built in the area over the last five years. Consistent with the 2002 Market and Octavia Neighborhood Plan and based on 1998 s Proposition E, Patricia s Green, originally named Hayes Green, was constructed concurrent with Octavia Boulevard as part of the Central Freeway Replacement Project. The 2002 Market and Octavia Neighborhood Plan, which later became the Market Octavia Plan in 2008, provided guidance on the land uses and heights for the 22 Central Freeway parcels. The Plan anticipated Patricia s Green Octavia Blvd (Parcels M N) Page 2 of 7

3 residential uses on the project site as well as the other Central Freeway parcels. Cumulative Shading Analysis, below, discusses shadow impacts from other projects in the area. Proposition I, adopted by the voters in 1999, called for proceeds from the sale of the Central Freeway parcels to be used to fund Octavia Boulevard and the park improvements. The proposed project is within the Market Octavia Plan area, the Residential Transit Oriented (RTO) Zoning District, and the 40 X/50 X Height and Bulk District. The proposed project does not have the potential to affect any other public parks or privately owned public open spaces. The Planning Department has determined that the proposed project is consistent with the proposed use, design, and density anticipated within the Market and Octavia Plan. See Attachment M Memo to the Capital Committee Park Description Patricia's Green is a small, 0.41 acre urban park in the Western Addition and Hayes Valley neighborhoods. The park occupies portions of lots 33 and 67 of Assessor s Block 817 and the Octavia Boulevard right of way. The park is within the alignment of the former Central Freeway where Octavia splits into two opposing directional lanes along the park s east and west sides. The park spans from north south, and is bounded by Hayes Street to the north and Fell Street to the south. The park is not fenced and there are no public restrooms. Patricia s Green is divided into three sections. A picnic seating area is located at the north end of the park along Hayes Street. It features a plaza with four small picnic tables around a mature tree and a mix of wooden and concrete benches. Two additional picnic tables are located on the western side of this area along Octavia Boulevard. The central section of the park is located at the intersection of Linden Street, and contains a circular plaza with four concrete benches and eight bollards, and functions as an area for sculpture installations. Lawns flank the north and south of this central plaza. The southern portion of the park contains a children s play area, which features a dome structure with ropes and bars for climbing and rubber safety surfacing. Low concrete square pillars and a metal fence encloses the park on the Fell Street side. A service building is located in the southwest corner of the park. See Attachment C Park Diagram Analysis of Project Impact on Patricia s Green A shadow analysis report, prepared by PreVision Design and reviewed by Planning Department and RPD staff, analyzed the potential shadow impacts of the Octavia Boulevard project. Pursuant to the 1989 Memo, shadows on RPD land are measured in square foot hours (sfh) to quantify the time and size of the shadow. The report concluded that the project would cast approximately 244,403 sfh of new shadow on the park annually, an increase of 0.37% as a percentage of TAAS, resulting in a new annual shading of 17.95%. Existing structures currently shade the park 17.58% of the year. Generally the east side of the park is shaded in the morning hours and the west side of the park is shaded in the afternoon. Patricia s Green Octavia Blvd (Parcels M N) Page 3 of 7

4 The park experiences full sun at midday. The shadow analysis studied half of the year to provide a sample of representative sun angles throughout the solar year. Sun angles during the other half of the year mirror the sun angles analyzed in the report, therefore a multiplier is used to determine impacts for the full year. In accordance with Section 295 and the 1989 Memo, the time of analysis starts one hour after sunrise and concludes one hour before sunset, referred to as the Prop K solar day. The shadow analysis by PreVision made the following findings: The new shadow from the proposed project would occur in the morning between September 21 and March 21. The new shadow would result from Parcel M / 350 Octavia only, because it is closest to the park. The new shadow would increase the shadow load on Patricia s Green the southern third of the park. The earliest shading from the project would occur at 8:45am and would last until approximately 10:30am. The worst shadow day of the proposed project is December 21, when the project will cast a total of sfh of new shadow. On the day of maximum shading (December 21), the new shadow would begin at roughly 8:45am and last for 105 minutes. The largest area of the new shadow at a single time is 2,690 square feet, or 15% of the park area, and would occur at 9:30am on December 21. The average duration of the new shadow would be approximately 95 minutes. The following tables summarize the quantitative and qualitative elements of the analysis: Quantitative Summary of Shadow Findings Square Foot Hours Percentage Theoretically Annually Available Sunlight (TAAS) 66,595,904 sfh 100% Existing Shadow 11,706,388 sfh 17.58% New Shadow 244,403 sfh 0.37% Total Shadow with Proposed Project 11,950,792 sfh 17.95% Qualitative Summary of Shadow Findings Time of Day (maximum shading) Between approximately 8:45am and 10:30am Time of Year September 21 to March 21 Duration of Shadow Average 95 minutes; maximum is 105 minutes Day of maximum new shadow December 21 Size in sf Largest single shadow is 2,690 sf (15% of park area) Amount in sfh total sfh Patricia s Green Octavia Blvd (Parcels M N) Page 4 of 7

5 Location of Shadow Southern third of the park: lawn area, play structure, benches, and seat wall The 1989 Memo has no specific guidance on potentially permissible shading increases for parks that are less than two acres with an existing shadow load of less than 20% of TAAS, including Patricia s Green. The new shadow due to the proposed project would occur on the southern portion of the park where paved walkways, lawn area, ornamental plantings, a children s play structure, a seat wall, and benches are located. Of these areas, the benches were observed to be the most frequented for eating, socializing, and relaxing, and new shadow is likely to be the most noticeable to such users. It should be noted that some of the area of new shadow along the seat wall overlaps with shade provided by existing park trees. Generally speaking, the northern portion of the park where the picnic tables are located has a higher intensity of use. On the day of maximum shading (December 21) the new shadow would occur in the morning at approximately 8:45am, move across the southern third of the park and then recede to the west before 10:30am. Affected areas would include planting areas, a portion of the southern grassy area, the children s play structure, and six fixed benches. New shadow would cover up to 2,690 sf, or 15% of the park area, at one time. The moment of the largest new shadow would occur at a time of day (9:30am) when the lower numbers of weekday and weekend daily users were observed relative to other times of the day. See Attachment E Maximum Shadow Image Cumulative Shading Analysis PreVision analyzed new shadows cast by reasonably foreseeable projects at Parcel K, Parcel L, 315 Linden Street, Parcel O/455 Fell St, One Oak, 10 South Van Ness, and 1500 Mission Street. Shading from these foreseeable proposed projects combined with new shadow generated by the Octavia Boulevard project results in a total percentage of shadow on the park of 33.4% of TAAS, representing a potential cumulative increase 15.8% over current conditions. Note, the actual design of future projects could result in a different shadow impact; the maximum building envelope was assumed for this analysis. See Attachment F Cumulative Projects Map With cumulative project shadow, new shading on the park would occur year round and the day of maximum impact would be June 21. The greatest impact on the park would result from Parcels K and L because they are directly east of the park opposite the northbound segment of Octavia Boulevard. 1 No specific projects are currently proposed on these sites, but development of the sites was anticipated with the Central Freeway Replacement Project and within the Market Octavia Plan. 1 Parcels K and L have a temporary use lease that extends until There are no projects proposed at this time; the cumulative shadow analysis assumed the maximum allowable building envelope. After they are sold, Parcel K will have below market rate housing and Parcel L will have a market rate housing. Patricia s Green Octavia Blvd (Parcels M N) Page 5 of 7

6 The project at 455 Fell/Parcel O is currently being considered by the Planning Department. The Fell project would shade the park at a different time of day (afternoon) than the Octavia project (morning). Shading from 455 Fell and Octavia Boulevard combined results in a total percentage of shadow on the park of 18.02% of TAAS, representing a cumulative increase 0.44% over current conditions. Impact Fees and Other Public Benefits In compliance with the city s inclusionary housing program, the proposed project will include three on site below market rate units and pay a Market Octavia Affordable Housing Fee of approximately $73,000 to the City of San Francisco. Additionally, the proposed project would contribute approximately $38,000 to school impact fees, approximately $23,000 to the transit impact development fees, and approximately $213,000 to the Market and Octavia Community Infrastructure Impact Fees. These impact fees will benefit the public by financing new public infrastructure and capital improvements in the area. Environmental Review The Planning Department is responsible for conducting environmental review for the project. The 2007 Market Octavia Plan program level Environmental Impact Report (PEIR) included project level analysis of the redevelopment of the Central Freeway parcels, including Parcels M and N/ Octavia. The Planning Department determined that the Market and Octavia Neighborhood Plan, as evaluated in the PEIR and as approved by the Board of Supervisors, accommodates the proposed use, design, and density of the proposed project on Parcels M and N/ Octavia. The Note to File documenting consistency of the project with the PEIR will be included in the Planning Department s administrative record. See Attachment I Note to File Staff Recommendation Making a finding on a shadow impact on a park from a proposed development project is a policy decision for the Commission. In the event that the Commissions makes a finding of no adverse impact, staff has prepared a draft resolution, included as Attachment G. Supported By: Two letters in support of the project have been received by RPD staff, included as Attachment J. The applicant held over 20 meetings with the Hayes Valley Neighborhood Association and Merchants Association. Four members of the public spoke in favor of the project at the December 7 th Capital Committee meeting. Opposed By: No public feedback opposed to the project has been received. Attachments: Patricia s Green Octavia Blvd (Parcels M N) Page 6 of 7

7 Attachment A: Project Location Map Attachment B: Project Site Plan and Elevations Attachment C: Park Diagram Attachment D: PreVision Design Shadow Analysis Report, August 30, 2015 Attachment E: Maximum Shadow Image Attachment F: Cumulative Projects Map Attachment G: Draft Resolution Attachment H: Memo to the Capital Committee, November 30, 2015 Attachment I: Note to File, 300 (Parcel M) and 350 (Parcel N) Octavia Street Attachment J: Letters of support from Jim Warshell, Jason Henderson, HVNA Patricia s Green Octavia Blvd (Parcels M N) Page 7 of 7