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Planning Commission Hearing March 2nd 2023 !
San Francisco General Plan Objective 1. Policy 1.9 "Solar access to public open space should be protected."
In San Francisco, presence of the sun’s warming rays is essential to enjoying open space. Climatic factors, including ambient temperature, humidity, and wind, generally combine to create a comfortable climate only when direct sunlight is present
San Francisco Planning Code Section 295 Proposition K (The Sunlight Ordinance), prohibits the issuance of building permits for structures over 40 feet in height that would cast net new shadow on property under the jurisdiction of, or designated to be acquired by, the Recreation and Park Commission between one hour after sunrise to one hour before sunset at any time of year, unless the Planning Commission determines that the adverse impact of net new shadow would be insignificant.
San Francisco General Plan Objective 1.POLICY 1.3 Preserve existing open space by restricting its conversion to other uses and limiting encroachment from other uses, assuring no loss of quantity or quality of open space.
San Francisco General Plan Objective 1.POLICY 1.8 Support urban agriculture and local food security through development of policies and programs that encourage food production throughout San Francisco.
The shadow study completed by Prevision Design under represents the shadow impact on Potrero del Sol Park through numerous errors or by design.
1. The "Final" 5.16.22 report incorrectly used the bathroom hours 8am-8pm and not the actual park hours 6am-10pm. After our complaint, this was corrected in "Final r2" version published on 7.28.22
2. Draft report dated 9.20.21 - page 10 - describes the new building as "70-foot-tall". Final Report dated 5.16.22 reflecting updated plans describe the building as " 72’-11” tall building (plus 6-ft penthouse screen)". The building height increased 8'11" and mass 2,175sf in the final report, however all shadow calculations listed in the final report are exactly the same as in the draft report.
A building height increase would increase the net shadow load. Shadow calculations are inaccurate and must be re-done to reflect the correct building height.
Not Corrected as of 7.28.22 per response from Florentina Craciun (CPC)
3. Pg.24 - "The community garden, while not observed to have a high number of users would potentially be affected by a reduction in morning sun throughout the year due to shadow from the project." The reviewer was on location for only 2 days, that does not qualify a judgement on garden usage. The garden is negatively affected as documented in the calculations. The comment regarding users and the term "potentially" must be removed from the report as they are misleading not accurate.
Not Corrected as of 7.28.22 per response from Florentina Craciun (CPC)
4. Pg 24. " Effects of shadow cast on plants is not covered under the regulations of Section 295 of the Planning Code."
This is not correct. Section 295 states "any adverse impact on the use of the property under the jurisdiction of...the Recreation and Park Commission because of the shading or shadowing that it will cause" Plants are not excluded from section 295 and qualify under "any adverse impact." Community Gardens as RPD property are included and additionally protected per San Francisco General Plan Objective 1.POLICY 1.8 to "Support urban agriculture." The Shadow study is incomplete as it did not determine the proposed building's shadow effect on the agriculture or apiculture in the community garden. Report is required to be updated to provide a complete study of the negative effects on all of RPD property.
Not Corrected as of 7.28.22 per response from Florentina Craciun (CPC)
5. PG 18. Theoretical Annual Available Sunlight calculation for Potrero del sol is wrong. PG 27. Theoretical Annual Available Sunlight calculation for Rolph playground is wrong.
These numbers do not match the simple formula specified in the 1989 Memo. TAAS numbers need to be re-calculated correctly.
Not Corrected as of 7.28.22 per response from Florentina Craciun (CPC), she states math is correct even though it is obviously wrong, and parks department previously advised it is wrong:
From: Danty, Nicholas (REC)
Subject: Questions for planning re: 1458 San Bruno shadow case
...
The TAAS given by consultant does not line up with the formula provided in the 1989 memo
The sum of these errors calls into question the overall accuracy of this study. Prevision Design should be required include descriptions of the exact software version, LIDAR data sources, and methods used to create this report.
"Under existing conditions, very small amounts of shadow are cast over portions of the eastern and southern edges of the park during morning hours and along the southwestern corner of the park in the late afternoon. Midday hours are substantially free of shadow year round."
"Throughout the year, net new shadow due to the proposed project would predominantly affect the community garden, the skate park, the amphitheater, and grassy areas in the southeast corner of the park, including one picnic area. Given the proximity of the project immediately adjacent to the park, shadow from the project would be present in the park for between 40-100% of the day and would move slowly from west to east throughout the day."
In 1989, the Recreation and Park Commission and Planning Commission jointly adopted a memorandum which identified quantitative and qualitative criteria for determinations of significant shadows in parks under the jurisdiction of the Recreation and Park Department.
The Proposition K Memorandum, “the 1989 Memo,” established generic criteria for determining a potentially permissible quantitative limit for additional shadows, known as the absolute cumulative limit, for parks not named in the memorandum. Absolute Cumulative Limit is defined as the additional square-foot-hours expressed as a percentage of the total square-foot-hours for each park over a period of one year.
Potrero del Sol was not named in the 1989 memo, is defined as a large parks >2 Acres, with a current Annual Shading Percentage <20%, the Proposition K Memorandum recommended that additional shadow of up to 1% percent could be potentially permitted.
The shadow study concludes this 1458 San Bruno project would cause Potrero del Sol park shadow load increase from 2.18% to 6.2% - an increase of 184%. A maximum 1% new shadow increase is allowed under the Parks department "1989 memo," this project's 4.02% new shadow is 4 times that amount. Park Commission must responsibly find the proposed 1458 San Bruno project will have an significant adverse effect on Potrero del Sol park.
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