SAN FRANCISCO 1 PLANNING DEPARTMENT

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1 o _s. COVN. SAN FRANCISCO 1 PLANNING DEPARTMENT 1650 Msson St. Sute 400 DATE May 22, 2013 San Francsco, CA TO: Danel Frattn, Rueben, Junus and Rose, LLP Recepton FROM: Rck Cooper, Plannng Department RE: 50 Frst Street (aka "Frst and Msson") Please fnd the attached Prelmnary Project Assessment (PPA) for the address lsted above. You may contact the staff contact, Jessca Range, at (415) or Tessca.Range@sfgov.org, to answer any questons you may have, or to schedule a follow-up meetng. Plannng Informaton: 415, Rck Cooper, Senor Planner

2 DISCLAIMERS: Date: May 22, 2013 Case No.: E Project Address: 50 Frst Street (aka Frst and Msson ) Block/Lot: 3708/ 055, 006, 007, 009, 010, 011, 012 Zonng: C-3-O and C-3-O (SD) Transt Center Commercal Specal Use Dstrct 850-S-2 and 550-S Heght and Bulk Dstrcts Area Plan: Transt Center Dstrct Plan Area Project Sponsor: Danel Frattn, Rueben, Junus and Rose LLP (415) Staff Contact: Jessca Range (415) Jessca.Range@sfgov.org Please be advsed that ths determnaton does not consttute an applcaton for development wth the Plannng Department. It also does not represent a complete revew of the proposed project, a project approval of any knd, or n any way supersede any requred Plannng Department approvals lsted below. The Plannng Department may provde addtonal comments regardng the proposed project. Whle some approvals are granted by the Plannng Department, some are at the dscreton of other bodes, such as the Plannng Commsson or Hstorc Preservaton Commsson. Addtonally, t s lkely that the project wll requre approvals from other Cty agences such as the Department of Buldng Inspecton, Department of Publc Works, Department of Publc Health, and others. Ths Prelmnary Project Assessment letter s beng provded n response to a Prelmnary Project Assessment applcaton, sgned March 22, 2013 and reflects the project descrpton as provded n that applcaton. It s acknowledged that the project descrpton n the Prelmnary Project Assessment applcaton reflects project revsons from the prevous project descrpton for Plannng Department Case Fle No E. The nformaton ncluded heren s based on plans and nformaton provded for ths assessment and the Plannng Code, General Plan, Plannng Department polces, and local/state/federal regulatons as of the date of ths document, all of whch are subject to change. PROJECT DESCRIPTION: The project ste conssts of seven lots on the block bounded by Msson, Market, Frst, and Second streets. The project ste also ncludes vacaton of portons of the publc rght of ways along Jesse Street and Elm

3 Alley. The proposal s to demolsh the followng three exstng offce and offce/retal buldngs on the project ste: 50 Frst Street (144,000 square feet (sf)), 62 Frst Street (70, 680 sf), and Frst Street (16,200 sf). The proposal ncludes constructon of two new towers, as descrbed below: Tower One: Tower One ncludes constructon of a 59-story, 850 foot tall buldng contanng approxmately 1,220,060 sf of offce use above 24,240 sf of ground-floor retal/lobby space. Tower One would be constructed on lots 006 and 007 wth frontage prmarly on Frst Street and secondary frontages on Stevenson and Jesse streets. Tower One would result n the vacaton of Jesse Street and Elm Alley. Jesse Street would be re-routed along the western permeter of the project ste and would connect to Stevenson Street. The porton of Tower One that currently spans over Jesse Street would be converted nto a three-story publc gallera (Jesse Street Gallera). Elm Alley would also be converted to a two-story gallera wth lobby and retal uses (Elm Alley Gallera). Tower One ncludes a two-level subterranean parkng garage wth access from Stevenson Street, provdng up to 187 off-street parkng spaces. Tower Two: Tower Two ncludes constructon of a 605-foot tall, 56-story resdental buldng wth 500 dwellng unts above ground floor lobbes and retal space along Ecker Alley. Tower Two ncludes a fvelevel subterranean parkng garage wth access from Msson Street, provdng up to 136 off-street parkng spaces. The project also ncludes rehabltaton of the exstng buldng at 88 Frst Street (19,800 sf). Uses n ths buldng would contnue as offce and retal. The proposal ncludes fve off-street loadng spaces splt among two new loadng docks, one located off Jesse Street and one located off Stevenson Street. The Jesse Street loadng dock ncludes two loadng bays and would serve both Tower One and Tower Two. The Stevenson Street loadng dock ncludes three loadng bays and would serve Tower One. The proposal also ncludes a new publc plaza at the base of Tower Two, lnkng Msson Street to Elm Alley, Elm Gallera, and provdng pedestran access to Tower One. ENVIRONMENTAL REVIEW: The project ntally requres the followng envronmental revew. Ths revew may be done n conjuncton wth the requred approvals lsted below, but must be completed before any project approval may be granted: Secton of the Calforna Envronmental Qualty Act (CEQA) Gudelnes states that projects that are consstent wth the development densty establshed by a communty plan for whch an envronmental mpact report (EIR) was certfed do not requre addtonal envronmental revew, except as necessary to 2

4 determne the presence of project-specfc sgnfcant effects not dentfed n the programmatc plan area EIR. The proposed project s located wthn the Transt Center Dstrct Plan (Plan), area whch was evaluated n the Transt Center Dstrct Plan Fnal Envronmental Impact Report (TCDP FEIR), certfed n The heght lmt applcable to Tower One s 850 feet and the heght lmt applcable to Tower Two s 550 feet. The 550-S heght and bulk dstrct allows for tower extensons up to 10 percent of the heght lmt, effectvely allowng for towers up to 605 feet. Towers One and Two would be wthn the allowed heght and bulk lmts. Pursuant to CEQA, the proposed project s lkely to qualfy for a Communty Plan Exempton (CPE) under the Transt Center Dstrct Plan provded the project s complant wth the development densty (Plannng Code zonng and densty desgnatons). Wthn the CPE process, there can be three dfferent outcomes, as follows: 1. CPE Only. In ths case, all potentally sgnfcant project-specfc and cumulatvely consderable envronmental mpacts are fully consstent wth sgnfcant mpacts dentfed n the underlyng area plan Envronmental Impact Report (EIR), meanng there would be no new pecular sgnfcant mpacts unque to the proposed project. In these stuatons, all pertnent mtgaton measures and CEQA fndngs from the underlyng area plan EIR are appled to the proposed project, and a CPE checklst and certfcate s prepared. Wth ths outcome, the applcable fees, based on the current fee schedule, n addton to the Envronmental Document Determnaton of $13,004 are: (a) the $ 7,216 CPE certfcate fee; and (b) a proportonate share fee for recovery of costs ncurred by the Plannng Department for preparaton of the underlyng plan EIR. Fees for the preparaton of the TCDP FEIR have yet to be determned. 2. CPE and Focused Intal Study/Mtgated Negatve Declaraton. One or more new sgnfcant mpacts of the proposed project specfc to the ste or the project proposal are dentfed that were not dentfed n the underlyng plan area EIR. If any new sgnfcant mpacts of the proposed project can be mtgated, then a focused Mtgated Negatve Declaraton to address these mpacts s prepared together wth a supportng CPE certfcate to address all other mpacts that were encompassed by the underlyng plan area EIR, wth all pertnent mtgaton measures and CEQA fndngs from the underlyng plan area EIR also appled to the proposed project. Wth ths outcome, the applcable fees, based on the current fee schedule, n addton to the Envronmental 1 Avalable for revew on the Plannng Department s Area Plan EIRs web page: 3

5 Document determnaton of $13,004 are: (a) the standard envronmental evaluaton (EE) fee based on the cost of constructon; and (b) a proportonate share fee for recovery for costs ncurred by the Plannng Department for preparaton of the underlyng plan EIR. Fees for the preparaton of the TCDP FEIR have yet to be determned. 3. CPE and Focused Envronmental Impact Report (EIR). One or more new sgnfcant mpacts of the proposed project specfc to the ste or the project proposal are dentfed that was not dentfed n the underlyng plan area EIR. If any new sgnfcant mpacts of the proposed project cannot be mtgated, then a focused EIR to address these mpacts s prepared together wth a supportng CPE certfcate to address all other mpacts that were encompassed by the underlyng plan area EIR, wth all pertnent mtgaton measures and CEQA fndngs from the underlyng area plan EIR also appled to the proposed project. Wth ths outcome, the applcable fees, based on the current fee schedule, n addton to the Envronmental Document Determnaton of $13,004 are: (a) the standard envronmental evaluaton (EE) fee based on the cost of constructon; (b) onehalf of the standard EIR fee; and (c) a proportonate share fee for recovery of costs ncurred by the Plannng Department for preparaton of the underlyng plan EIR. Fees for the preparaton of the TCDP FEIR have yet to be determned. Durng the envronmental revew process, the Department would determne whether the project qualfes for a CPE. Under a CPE, all potentally sgnfcant project envronmental mpacts that were dentfed n the underlyng area plan EIR and pertnent mtgaton measures and CEQA fndngs from the TCDP FEIR are appled to the proposed project. The TCDP FEIR Mtgaton and Montorng Reportng Program (MMRP) s avalable for revew on the Plannng Department s Area Plan EIRs webpage at: An amended Envronmental Evaluaton Applcaton for the proposal s requred for the full scope of the project (demolton and new constructon). It s acknowledged that envronmental revew of the prevous project proposal was substantally underway and therefore, many of the studes descrbed below are n varous stages of completon. Gven the amendments to the project proposal, the scope of these studes wll need to be revsted to reflect the current project proposal. At ths pont the archtecture s assumed to be prelmnary. The revsed Envronmental Evaluaton Applcaton should nclude more detaled archtecture to facltate the envronmental analyss, specfcally whch relate to wnd and shadow mpacts, n order to confrm that the proposed desgns would not result n addtonal mpacts beyond those dentfed n the TCDP FEIR. Based on the Department s prelmnary revew, the followng topc areas requre further study to fully evaluate the proposal reflected n the Prelmnary Project Assessment applcaton: 4

6 a. Aesthetcs. The TCDP FEIR dentfed a sgnfcant and unavodable aesthetc mpact of the Plan to long range vewponts (FEIR Impact AE-3) and a cumulatve aesthetc mpact of the Plan n combnaton wth reasonably foreseeable development wthn the Plan area on the vsual character of the greater San Francsco Downtown area (FEIR Impact C-AE-1). The TCDP FEIR dd not dentfy any feasble mtgaton measures to reduce the aesthetc mpacts of the Plan. The proposed project conssts of demolton of three exstng buldngs and constructon of two new towers reachng heghts of 605 and 850 feet. The envronmental analyss would nclude a determnaton as to whether the proposed project contrbutes consderably to aesthetc mpacts dentfed n the TCDP FEIR and would also nclude a project-level analyss of aesthetc mpacts to evaluate the project s effect on the neghborhood s vsual qualty and character, as well as effects on vsual resources and scenc vstas wthn the area s broader context. Gven the degree of vsual change antcpated, the Department would requre photomontages of the proposed project buldngs from to-be-determned publc vewponts wthn ts surroundngs. At mnmum, the Department requres before and after photos of the ste from a number of near-, md- and long-range vantage ponts to llustrate the project s effect on vews, wth a partcular focus on the project s potental to alter vews from publc areas ncludng street vew corrdors dentfed n the General Plan. Draft vewponts were prevously submtted to the Department and are based on a prevous project proposal. The envronmental revew would determne the adequacy of these vewponts, whch may be revsed based on the level of vsual senstvty, as well as to evaluate the project s potental effects on the skylne and urban form. b. Hstorc Resources. The proposed project would result n the demolton of four buldngs, three of whch are hstorc resources. The project ste s also located wthn the Frst and Msson elgble hstorc dstrct, as dentfed n the TCDP FEIR. The three buldngs that would be demolshed are located on the west sde of Frst Street and nclude: (1) the Marwedel Buldng at 76 Frst Street, whch s determned to be ndvdually elgble for the Natonal Regster, (2) the Neustadter Bros. Buldng at 62 Frst Street, and (3) the Brandensten buldng at 88 Frst Street. Both the Neustadter and Brandensten buldngs were determned to be ndvdually elgble for lstng n the Calforna Regster by the Transt Center Dstrct Survey. 2 The Transt Center EIR also dentfed these three buldngs as contrbutors to the elgble Frst and Msson Hstorc Dstrct. The TCDP FEIR evaluated the mpacts of the Frst and Msson Street project and determned that demolton of the hstorc buldngs on the project ste would result n a 2 Fnal Transt Center Dstrct Survey, July 22, Prepared by Kelly& VerPlank for the San Francsco Plannng Department. The Transt Center Dstrct Survey s avalable on lne at: Accessed May 15,

7 sgnfcant mpact to hstorc resources (FEIR Impact CP-3). The TCDP FEIR dentfed mtgaton measures to reduce the severty of mpacts to hstorc resources, but determned that the mpact would reman sgnfcant and unavodable. Applcable mtgaton measures from the FEIR nclude: Mtgaton Measure M-CP-3a: HABS/HAER Documentaton, Mtgaton Measure M-CP-3b: Publc Interpretve Dsplays, Mtgaton Measure M-CP-3c: Relocaton of Hstorc Resources and Mtgaton Measure M-CP-3d: Salvage of Hstorcal Resources. The proposed project would be requred to comply wth the above mtgaton measures. The TCDP FEIR also determned that constructon actvty could generate vbraton that may cause structural damage to nearby elgble hstorc resources. The TCDP FEIR ncluded the followng mtgaton measures to protect nearby elgble hstorc resources durng constructon. Mtgaton Measure M-NO-2a: Nose Control Measures Durng Ple Drvng, Mtgaton Measure M-CP- 5a: Constructon Best Practces for Hstorcal Resources and Mtgaton Measure M-CP-5b: Constructon Montorng Program for Hstorcal Resources. The proposed project would be requred to comply wth the above mtgaton measures, as applcable. In addton to documentng complance wth the TCDP FEIR s mtgaton measures, the Department requres preparaton of an Hstorc Resource Evaluaton (HRE). An evaluaton and analyss for the prevous project proposal was substantally underway and that scope of work should be revsted n lght of the Fnal Transt Center Dstrct Survey, certfcaton of the TCDP FEIR, and proposed project revsons. The HRE shall be prepared by a qualfed frm lsted on the Department s Hstorc Preservaton Consultant Pool. The Department wll provde the project sponsor wth a lst of three consultants from the Hstorc Preservaton Consultant Pool. Please contact Tna Tam, Senor Preservaton Planner, at (415) to coordnate the selecton of a consultant. Pror to commencement of ths report, the consultant shall schedule a scopng meetng wth Department preservaton staff to dscuss the fnal scope of work for ths report. c. Archeologcal Resources. The proposed project ncludes demolton, excavaton, gradng, and foundaton work to a depth of up to 55 feet below grade. The TCDP FEIR evaluated the potental for the proposed project to mpact archeologcal resources, determnng that the project has a moderate potental to mpact, or dscover durng constructon, ntact prehstorc archeologcal deposts and concluded that development wthn the plan area could result n a sgnfcant mpact to archeologcal resources. The TCDP FEIR determned that any such resources affected by the project would most lkely be preserved n Late Holocene dune deposts between 12 to 30 feet below grade or at the nterface of the bay mud and Colma Formaton, between 45 to 55 feet below grade. The TCDP FEIR dentfed Mtgaton Measure M-CP-1: Subsequent Archeologcal Testng Program, whch would reduce mpacts to archeologcal resources to less-than-sgnfcant 6

8 levels. TCDP FEIR Mtgaton Measure M-CP-1 requres an archeologcal testng and montorng program to be undertaken lsted on the Department s Archeologcal Consultant Pool. The Department wll provde the project sponsor wth a lst of three consultants from the Archeologcal Consultant Pool. Please contact Randall Dean, Envronmental Planner, at (415) to coordnate the selecton of a consultant. The Plannng Department s lst of approved archeologcal consultants s avalable at: d. Transportaton Study. The proposed project requres a Transportaton Impact Study (TIS). A fnal scope of work for the prevous project proposal was approved n September 2010 and draft TIS reports have been submtted to the Plannng Department for revew. The envronmental revew process would nclude updatng the approved scope of work to reflect the current proposal as well as the current understandng of the exstng and future cumulatve envronment, ncludng buld out of the Transt Center Dstrct Plan. The TIS would evaluate the mpacts of the proposed project on the transportaton and crculaton system to determne whether the project would result n any new sgnfcant transportaton mpacts not dentfed n the TCDP FEIR and would dentfy applcable mtgaton measures from the FEIR that would be requred of the proposed project. The TIS would need to be prepared by a qualfed consultant workng at the drecton of the Department staff. The Plannng Department s lst of approved transportaton consultants s avalable at: Please see Transportaton Impact Analyss Gudelnes for Envronmental Revew on the Plannng Department s webste and Mscellaneous Fees n the Plannng Department s current Fee Schedule for Applcatons. As noted on the Fee Schedule, there s a separate fee requred for San Francsco Muncpal Transportaton Agency (SFMTA) revew of the TIS. Please also see comments on the proposed street vacaton, crculaton and loadng facltes below under Prelmnary Desgn Comments. e. Nose. The TCDP FEIR dentfed sgnfcant and unavodable nose mpacts of the Plan as a result of subsequent development wth the Plan area. Constructon of the proposed project would result n constructon-related nose and vbraton, whch was dentfed as a sgnfcant mpact n the TCDP FEIR. The TCDP FEIR ncluded Mtgaton Measure M-NO-2a: Nose Control Measures Durng Ple Drvng, Mtgaton Measure M-NO-2b: General Constructon Nose Control Measures, Mtgaton Measure M-CP-5a: Constructon Best Practces for Hstorcal Resources, Mtgaton Measure M-CP-5b: Constructon Montorng Program for Hstorcal Resources, and Mtgaton Measure M-C- 7

9 NO: Cumulatve Constructon Nose Control Measures. The proposed project would be requred to comply wth the above mtgaton measures, as applcable. The proposed project would nclude offce, retal and resdental uses. Resdental uses are consdered nose senstve land uses. Proposed resdental, offce and retal buldngs would nclude nose generatng uses (ncludng Heatng, Ventlaton and Ar Condtonng (HVAC) and other rooftop equpment). The project ste s located n an area where traffc-related nose exceeds 70 Ldn (a day-nght averaged sound level) and senstve nose receptors (ncludng resdental uses) are proposed as part of the project and exst n proxmty to the project ste. The TCDP FEIR dentfed the followng mtgaton measures to protect new nose senstve land uses proposed wthn the Plan area: Mtgaton Measure M-NO-1a: Nose Survey and Measurements for Resdental Uses and Mtgaton Measure M-NO-1b: Nose Mnmzaton for Resdental Open Space. The proposed project s resdental uses would be requred to comply wth the above mtgaton measures. The TCDP FEIR also dentfed a sgnfcant nose mpact from mechancal equpment and nose generated by non-resdental uses. The TCDP FEIR ncluded the followng mtgaton measures to address nose mpacts: Mtgaton Measure M-NO-1c: Nose Mnmzaton for Non-Resdental Uses, Mtgaton Measure M-NO-1d: Mechancal Equpment Nose Standard, and Mtgaton Measure M-NO- 1e: Interor Mechancal Equpment. A nose analyss should be prepared to demonstrate complance wth the above mtgaton measures. The nose analyss shall be prepared by a qualfed consultant who would be requred to prepare a proposed scope of work for revew and approval by the Envronmental Plannng case manager pror to preparng the analyss. f. Ar Qualty Analyss. The proposed project ncludes demolton four exstng buldngs and constructon of two towers reachng heghts of 605 and 850 feet n heght. Project-related demolton, excavaton, gradng and other constructon actvtes may cause wnd-blown dust that could contrbute partculate matter nto the local atmosphere. Addtonally, constructon actvty would generate emssons of crtera ar pollutants and toxc ar contamnants (TACs) that could result n sgnfcant mpacts wth respect to the San Francsco Bay Area Ar Basn s (SFBAAB) regonal attanment status and could expose nearby senstve receptors to substantal levels of pollutants. The TCDP FEIR dentfed constructon-related emssons from subsequent development projects as a sgnfcant and unavodable mpact (FEIR Impacts AQ-4, AQ-5 and C- AQ). The proposed project s located n an area that experences poor ar qualty (termed ar polluton hot spot ) and project constructon actvtes n combnaton wth exstng levels of ar polluton could result n a sgnfcant mpact to nearby senstve receptors, as dentfed n the TCDP FEIR. The TCDP FEIR dentfed the followng mtgaton measures to reduce fugtve dust 8

10 and constructon equpment exhaust: Mtgaton Measure M-AQ-4a: Constructon Vehcle Emssons Mnmzaton, Mtgaton Measure M-AQ-4b: Dust Control Plan, and Mtgaton Measure M-AQ-5: Constructon Vehcle Emssons Evaluaton and Mnmzaton. The proposed project would be requred to comply wth the above mtgaton measures, as applcable. Gven that the project s wthn an ar polluton hot spot, addtonal constructon health rsk analyss pursuant to TCDP FEIR Mtgaton Measure M-AQ-5 s not requred. However, the proposed project would be requred to prepare a Constructon Emssons Mnmzaton Plan demonstratng complance wth the constructon mtgaton measures dentfed n TCDP FEIR Mtgaton Measure M-AQ-5. Addtonally, the San Francsco Board of Supervsors approved a seres of amendments to the San Francsco Buldng and Health Codes generally referred to as the Constructon Dust Control Ordnance (Ordnance , effectve July 30, 2008) wth the ntent of reducng the quantty of dust generated durng ste preparaton, demolton, and constructon work n order to protect the health of the general publc and of onste workers, mnmze publc nusance complants, and to avod orders to stop work by the Department of Buldng Inspecton (DBI). Pursuant to the Constructon Dust Control Ordnance, the proposed project would be requred to prepare a Constructon Dust Control Plan for revew and approval by DPH. The TCDP FEIR determned that subsequent projects wthn the Plan area would not conflct wth or obstruct mplementaton of the 2010 Clean Ar Plan (the applcable ar qualty plan for the SFBAAB) or result n a cumulatvely consderable net ncrease of any crtera pollutant for whch the regon s n nonattanment under an applcable federal or state ambent ar qualty standard. Ths determnaton was made through a comparson of populaton growth and growth n Plan area vehcle mles travelled, whch s approprate for the evaluaton of plans, such as the Transt Center Dstrct Plan. Therefore, emssons generated by the proposed project resultng from ncreased vehcle trps (whch were ncluded n the TCDP FEIR analyss) have been adequately covered under the TCDP FEIR. The ar qualty analyss for the proposed project would nclude an evaluaton of crtera ar pollutant and ozone precursor emssons generated by the project from other sources ncludng emssons generated by natural gas for heatng, landscape mantenance, and pantng actvtes. Ths analyss would be undertaken to determne whether the proposed project would result n any project-specfc ar qualty mpacts not dentfed n the TCDP FEIR. The ar qualty analyss shall be prepared by a qualfed consultant who would be requred to prepare a proposed scope of work for revew and approval by the Envronmental Plannng case manager pror to preparng the analyss. The proposed 605 foot tall resdental buldng would be consdered a new senstve land use. As dscussed above, the project ste s located wthn an dentfed ar polluton hot spot and would 9

11 therefore be subject to TCDP FEIR Mtgaton Measure M-AQ-2: Implementaton of Rsk and Hazard Overlay Zone and Identfcaton of Health Rsk Reducton Strateges. Ths mtgaton measure would requre all resdental unts to be equpped wth fltraton systems that meet a Mnmum Effcency Reportng Value (MERV) ratng of 13 or hgher, as necessary to reduce the outdoor-tondoor nfltraton of ar pollutants by 80 percent. Addtonally, the proposed project s located wthn the Potental Roadway Exposure Zone, as dentfed n Health Code Artcle 38. The proposed project would be subject to the requrements of Health Code Artcle 38, whch requre an assessment of roadway-generated ar pollutants to determne whether concentratons of fne partculate matter (PM2.5) exceed the regulatory acton level of 0.2 mcrograms per cubc meter (µg/m 3 ). You may choose to have the ar qualty assessment prepared by a qualfed frm and forwarded to the San Francsco Department of Publc Health (DPH) for revew, or you may request that DPH conduct the assessment. For more nformaton of Health Code Artcle 38 see: The proposed 605 and 850 foot tall towers would requre backup desel generators and possbly other sources of TACs that may affect both on-ste and off-ste senstve receptors. The TCDP FEIR dentfed a sgnfcant mpact related to uses that emt Desel Partculate Matter (DPM) and other TACs and ncluded Mtgaton Measure M-AQ-3: Stng of Uses the Emt DPM and Other TACs. Because the project ste s located wthn an dentfed ar polluton hot spot and senstve receptors are proposed and present wthn the project vcnty, all new statonary sources of TACs would be requred to nstall the best avalable control technology to reduce ar pollutant emssons. For desel engnes, ncludng back-up or emergency use engnes, the best avalable control technology standard are engnes that are Ter 4 or nterm Ter 4 complant, or Ter 2 engnes that are equpped wth a Level 3 Verfed Desel Emssons Control Strategy (VDECS). g. Greenhouse Gas Complance Checklst for Prvate Development Projects. Potental envronmental effects related to greenhouse gas emssons from the proposed project need to be addressed n a project s envronmental evaluaton. An electronc verson of the Greenhouse Gas Complance Checklst Table 1 for Prvate Development Projects s avalable on the Plannng Department s webste at The project sponsor would be requred to submt the completed table regardng project complance wth the dentfed regulatons and provde project-level detals n the dscusson column. Ths nformaton wll be revewed by the envronmental planner durng the envronmental revew process to determne f the project would comply wth San Francsco s Greenhouse Gas Reducton Strategy. Projects that do not comply wth an ordnance or regulaton may be determned to be nconsstent wth San Francsco s Greenhouse Gas Reducton Strategy. 10

12 h. Shadow Study. Plannng Code Secton 295 generally prohbts new buldngs above 40 feet that would cast new shadow on open space that s under the jursdcton of the San Francsco Recreaton and Park Commsson between one hour after sunrse and one hour before sunset, at any tme of the year, unless that shadow would not result n a sgnfcant adverse effect on the use of the open space. The proposed project would result n constructon of a 605-foot tall buldng and an 850-foot tall buldng. The TCDP FEIR ncluded an analyss of potental shadow mpacts from development wthn the Plan area and determned that shadow resultng from subsequent projects n the Plan area could result n sgnfcant ndvdual and cumulatve shadow mpacts. The TCDP FEIR dd not dentfy feasble mtgaton measures and determned shadow mpacts to be sgnfcant and unavodable. Potental shadow mpacts from the subject property were modeled usng a theoretcal buldng envelope, based on the heght and bulk lmtatons proposed n the Plan (not ncludng allowable extensons above those lmts). The analyss n the TCDP FEIR ndcates that the Project could potentally cast shadow on Unon Square, Sant Mary s Square, Portsmouth Square, and Justn Herman Plaza. On October 11, 2012, the Plannng Commsson and the Recreaton and Park Commsson jontly adopted Plannng Commsson Resoluton No rasng the absolute cumulatve shadow lmts (ACLs) for seven open spaces that could be shadowed by development stes n the Plan area, ncludng the subject property. In revsng these ACLs, the Commssons also adopted qualtatve crtera for each park related to the characterstcs of shadng wthn these ACLs that would not be consdered adverse, ncludng the duraton, tme of day, tme of year, and locaton of shadows on the partcular parks. Under these amendments to the 1989 Shadow Memorandum, any consderaton of allocaton of shadow wthn these newly ncreased ACLs for projects must be consstent wth these characterstcs. As dscussed further below under Prelmnary Project Comments, the project s requred to prepare a shadow analyss n complance wth Plannng Code Secton 295. The shadow analyss should demonstrate how the new shadow conforms wth the qualtatve crtera adopted n Plannng Commsson Resoluton No and should conclusvely demonstrate that the shadow from the Project does not exceed the shadow antcpated by the modelng n the TCDP FEIR. The shadow analyss shall be prepared by a qualfed consultant who would be requred to prepare a proposed scope of work for revew and approval by the Envronmental Plannng case manager pror to preparng the analyss.. Wnd Analyss. The proposed project would nvolve constructon of two buldngs well over 80 feet n heght. The TCDP FEIR dentfed a sgnfcant mpact from the mplementaton of the Plan and constructon of subsequent development projects on pedestran wnd speeds n publcally 11

13 accessble open spaces. The TCDP FEIR ncluded Mtgaton Measure M-WI-2, whch apples to specfc projects n the Plan area, ncludng the 50 Frst Street Project. TCDP FEIR Mtgaton Measure M-WI-2 would be applcable to the proposed project and requres wnd tunnel testng to determne whether desgn features need to be ncluded n the proposed project to reduce ground level wnd speeds and wnd levels on Cty Park atop the Transt Center. A fnal Pedestran Level Wnd Study was prepared by RWDI for the prevous project proposal. 3 The envronmental analyss for the current proposal would consder the adequacy of the exstng report to determne whether subsequent analyss of the current project proposal s requred. At a mnmum, the Department requres confrmaton from the orgnal wnd consultant that the fndngs n the exstng report are vald for the revsed proposal. Should t be determned that addtonal wnd analyss s necessary, that analyss shall be prepared by a qualfed consultant who would be requred to prepare a proposed scope of work for revew and approval by the Envronmental Plannng case manager pror to preparng the analyss. j. Water Supply Assessment. CEQA Gudelnes Secton and Secton through of the Calforna Water Code (often referred to as Senate Bll 610) requre the preparaton of a Water Supply Assessment (WSA) for certan large projects that meet the defnton of a water-demand project to determne whether projected water supples wll be suffcent to satsfy the demands of the project n addton to exstng and planned future uses. If the project s served by a publc water system, the governng body of the publc water system, n ths case the San Francsco Publc Utltes Commsson (SFPUC), s requred to: (1) determne f the projected water demand of the project was consdered n the most recently adopted urban water management plan; and (2) prepare a project-specfc WSA. The SFPUC s requred to provde the WSA to decsonmakers before consderaton of project approval. The proposed project s consdered a water demand project and therefore, a project-specfc WSA s requred. Ths requrement pertans to a project regardless of whether the project may qualfy for a CPE. In order to prepare the WSA, specfc nformaton s requred as to the project s water demand. The proposed project wll requre a Water Demand Memorandum to be submtted to the SFPUC. As part of ths memorandum, the project sponsor shall provde a complete accountng for all proposed water uses, ncludng but not lmted to ndoor uses (tolets, snks, showers, etc.), coolng applcatons, outdoor uses (rrgaton, fountans) and process water or ndustral uses. The SFPUC wll complete the WSA wthn approxmately 90 days of recept of the Water Demand Memorandum. 3 Rowan Wllams Daves and Irwn, Inc. Fnal Report Pedestran Level Wnd Study, Frst and Msson Street Development. Aprl 28, Ths report s avalable for revew at the Plannng Department, 1650 Msson Street, Sute 400, n Case Fle No E. 12

14 Upon completon of the WSA, the SFPUC wll submt the WSA to ts commsson for consderaton. Commsson meetngs are held twce a month. If the requested memo s not provded by the project sponsor n a tmely manner, the SFPUC may request a 30-day extenson to complete preparaton and adopton of the WSA. k. Stormwater Management. Pror to ssuance of a buldng permt, the project sponsor s requred to prepare and submt a Stormwater Control Plan (SCP) to the SFPUC Wastewater Enterprse, Urban Watershed Management Program. The SCP shall demonstrate complance wth the Cty s Stormwater Desgn Gudelnes. The project s envronmental evaluaton would generally evaluate how and where the mplementaton of requred stormwater management and low-mpact desgn approaches would reduce potental negatve effects of stormwater runoff. Ths may nclude envronmental factors such as the natural hydrologc system, Cty sewer collecton system, and recevng body water qualty. For more nformaton on the SFPUC s stormwater management requrements see l. Hazardous Materals. A Phase I Envronmental Ste Assessment (ESA) was prepared for the project ste n February of The Phase I ESA dentfed the presence of Closed Underground Storage Tank (UST) cases assocated wth the followng addresses: 62 Frst Street, Frst Street, and 88 Frst Street. Although no petroleum hydrocarbons were present n the sols sampled, the ste s underlan wth fll most lkely orgnatng from the 1906 earthquake and fre. The Phase I ESA was revewed by DPH, who requested a work plan to further nvestgate the presence of contamnated sols. 5 DPH also recommended that the project sponsor enroll n ts Voluntary Remedal Acton Program (VRAP). More nformaton on DPH s Voluntary Remedal Acton Program may be found at: The TCDP FEIR determned that subsequent development projects n the Plan area could result n sgnfcant mpacts related to the handlng and dsposal of hazardous materals and hazardous buldng materals. The followng mtgaton measures dentfed n the TCDP FEIR would be applcable to the proposed project: Mtgaton Measure M-HZ-2b: Ste Assessment and Correctve Acton for Projects Landward of the Hstorc Hgh Tde Lne, Mtgaton Measure M-HZ-2c: Ste 4 Treadwell Rollo, Phase I Envronmental Ste Assessment: 50 Frst Street Development, February 4, Ths report s avalable for revew at the Plannng Department, 1650 Msson Street, Sute 400, n Case Fle No E. 5 Memorandum to Mr. Rchard Johnson, Marcus Heghts LLC from Rajv Bhata, Drector of Occupatonal and Envronmental Health, San Francsco Publc Health Department, July 12, Ths memorandum s avalable for revew at the Plannng Department, 1650 Msson Street, Sute 400, n Case Fle No E. 13

15 Assessment and Correctve Acton for All Stes, and Mtgaton Measure M-HZ-3: Hazardous Buldng Materals Abatement. The proposed project would be requred to comply wth the above mtgaton measures. The envronmental revew would assess the degree to whch the above mtgaton measures have already been fulflled and dentfy the addtonal mtgaton measures requred pursuant to the TCDP FEIR. m. Geotechncal. As dscussed above, the project ste s underlan wth fll most lkely orgnatng from the 1906 earthquake and fre. A geotechncal report prepared by Treadwell and Rollo n 2011 ndcates that the prevous project proposal could be constructed as planned from a geotechncal standpont. 6 It s recommended that the geotechncal evaluaton be updated to reflect the current project proposal. Specfcally, the project sponsor may ether submt a letter from the geotechncal consultant explctly statng that the recommendatons n the orgnal geotechncal report would apply to the current project proposal and that there are no other geotechncal concerns wth the current project proposal, or submt a revsed geotechncal report for the current project proposal. n. Bologcal Resources. The TCDP FEIR dentfed potentally sgnfcant mpacts of subsequent development projects wthn the Plan area that would affect nestng brds or specal-status bat speces. The TCDP FEIR ncluded Mtgaton Measure M-BI-1a: Pre-Constructon Brd Surveys and Mtgaton Measure M-BI-1b: Pre-Constructon Bat Surveys. The envronmental revew would determne whether the above mtgaton measures would apply to the project ste based on the presence of avalable habtat for nestng brds and specal-status bat speces. The TCDP FEIR also dentfed Improvement Measure I-BI-2: Nght Lghtng Mnmzaton ntended to encourage buldng owners and operators to mplement brd-safe buldng operatons that prevent and mnmze the potental for brd strkes. The proposed project would be encouraged to comply wth ths mprovement measure. Please also see tem number 14, on page 23 regardng standards for brd safe buldngs. o. Tree Plantng and Protecton Checklst. The Department of Publc Works Code Secton requres dsclosure and protecton of landmark, sgnfcant, and street trees located on prvate and publc property. Any tree dentfed n the Tree Plantng and Protecton Checklst must be shown on the ste plans wth sze of the trunk dameter, tree heght, and accurate canopy drp 6 Treadwell and Rollo, Prelmnary Geotechncal Study, 50 Frst Street Development. February 4, Ths document s avalable for revew at the Plannng Department, 1650 Msson Street, Sute 400, n Case Fle No E. 14

16 lne. The project sponsor s requred to submt a completed Tree Plantng and Protecton Checklst wth the Envronmental Evaluaton applcaton. p. Notfcaton of Project Recevng Envronmental Revew. A Notce of Preparaton of an Envronmental Impact Report was prepared for the prevous project proposal and publshed n September 29, Should the project qualfy for a CEP under the TCDP FEIR, a Notce of Project Recevng Envronmental Revew would be sent to occupants of propertes adjacent to the project ste and owners of propertes wthn 300 feet of the project ste. The Department would request the project sponsor provde malng labels at the tme ths notce s sent. As descrbed above, the project s lkely to qualfy for a CPE under the TCDP FEIR. Gven the complexty of the proposed project and the number of studes requred, as lsted above, t s recommended that the envronmental document be prepared by a consultant on the Plannng Department s envronmental consultant pool. A lst of three qualfed consultants was provded to the Project Sponsor n a letter dated Aprl 18, The project sponsor may choose from any of the three consultants dentfed n that letter. If any of the addtonal analyses descrbed above determne that mtgaton measures not dentfed n the TCDP FEIR are requred to address pecular mpacts, the envronmental document would be a communty plan exempton plus a focused ntal study/mtgated negatve declaraton. If the addtonal analyses dentfy mpacts that cannot be mtgated, the envronmental document would be a communty plan exempton wth a focused ntal study/eir. Please see Studes for Project nsde of Adopted Plan Areas - Communty Plan Fees n the Plannng Department s current Fee Schedule for Applcatons. Envronmental evaluaton applcatons are avalable at the Plannng Informaton Center at 1660 Msson Street, and onlne at Envronmental revew for the proposed project may be done n conjuncton wth the requred approvals lsted below, but must be completed before any project approval may be granted. PLANNING DEPARTMENT APPROVALS: The project requres the followng Plannng Department approvals. These approvals may be revewed n conjuncton wth the requred envronmental revew, but may not be granted untl after the requred envronmental revew s completed. 7 Notce of Preparaton of an Envronmental Impact Report, 50 Frst Street Project, Plannng Department Case Fle No E, September 29, Ths document s avalable for revew at the Plannng Department, 1650 Msson Street, Sute 400, n Case Fle No E. 15

17 1. Downtown Project Authorzaton. In order for the project to proceed, the Plannng Commsson would need to determne that the project comples wth Plannng Code Secton 309. Ths Secton establshes a framework for revew of projects wthn C-3 Dstrcts to ensure conformty wth the Plannng Code and the General Plan, and modfcatons may be mposed on varous aspects of the project to acheve ths conformty. These aspects nclude overall buldng form, mpacts to publc vews, shadows and wnd levels on sdewalks and open spaces, traffc crculaton, relatonshp of the project to the streetscape, desgn of open space features, mprovements to adjacent sdewalks (ncludng street trees, landscapng, pavng materal, and street furnture), qualty of resdental unts, preservaton of on-ste and off-ste hstorc resources, and mnmzng sgnfcant adverse envronmental effects. Through the Secton 309 Revew process, the project sponsor may also request exceptons from certan requrements of the Plannng Code, as descrbed below. The applcaton form for a "Downtown Project Authorzaton" s avalable from the Plannng Department lobby at 1650 Msson Street, Sute 400, at the Plannng Informaton Center at 1660 Msson Street, and onlne at 2. Offce Allocaton. In order for the project to proceed, the Plannng Commsson would need to approve an allocaton under the Annual Offce Development Lmtaton Program. Ths program was establshed by Proposton M n 1986, and s ntended to manage the square footage of offce space that s created n the Cty each year and to establsh crtera for revew of newly proposed offce developments. On October 17 of each year, 950,000 gross square feet of offce space are made avalable for allocaton. All unallocated offce space n a gven year s rolled over nto the next year s allotment. There are currently 2,210,169 gross square feet of offce space avalable for allocaton. The applcaton form for an "Offce Allocaton" s avalable from the Plannng Department lobby at 1650 Msson Street, Sute 400, at the Plannng Informaton Center at 1660 Msson Street, and onlne at 3. Shadow Analyss/Fndngs. In order for the project to proceed, the Plannng Commsson, upon the recommendaton of the Recreaton and Park Commsson, would need to make fndngs regardng the shadow cast by the project on propertes under the jursdcton of the Recreaton and Park Commsson. Specfcally, the Commsson would need to: 1) Determne that the net new shadow does not exceed the shadow antcpated by the modelng n the TCDP FEIR, 2) Determne that the shadow would not adversely affect the use of affected park propertes, and 3) Allocate allowable shadow to the project from the Absolute Cumulatve Lmts establshed n assocaton wth the adopton of the Plan. Future submttals should provde a detaled analyss of 16

18 potental shadow mpacts to propertes subject to Plannng Code Secton 295, as well as mpacts to sdewalks subject to Secton 146, and open spaces that are subject to Secton 147 (other publcly-accessble open spaces that are not under the jursdcton of the Recreaton and Park Commsson). The applcaton form for a "Shadow Analyss" s avalable from the Plannng Department lobby at 1650 Msson Street, Sute 400, at the Plannng Informaton Center at 1660 Msson Street, and onlne at 4. Buldng Permt Applcatons. Permt applcaton and notfcaton are requred for the proposed demolton, new constructon and the Downtown Project Authorzaton. 5. General Plan Referral. Proposed street vacatons for Jesse Street and Elm Alley would requre an applcaton to the Department of Publc Works (DPW) and a General Plan Referral from the Plannng Department. Proposals would be evaluated for conformance wth the General Plan n determnng consstency and/or exceptonal crcumstances. Applcatons are avalable n the Plannng Department lobby at 1650 Msson Street Sute 400, at the Plannng Informaton Center at 1660 Msson Street, and onlne at Buldng Permt applcatons are avalable at the Department of Buldng Inspecton at 1660 Msson Street. NEIGHBORHOOD NOTIFICATIONS AND PUBLIC OUTREACH: Project Sponsors are encouraged to conduct publc outreach wth the surroundng communty and neghborhood groups early n the development process. Addtonally, many approvals requre a publc hearng wth an assocated neghborhood notfcaton. Dfferng levels of neghborhood notfcaton are mandatory for some or all of the revews and approvals lsted above. GENERAL PLAN AND TRANSIT CENTER DISTRICT PLAN POLICIES: The Transt Center Dstrct Plan sets a vson for the Plan area by concentratng jobs and housng around the cty s greatest concentraton of publc transt servce n the Downtown. The Plan balances ncreased densty wth the prncples of good place-makng that are essental to mantanng and enhancng the dstnctve qualtes of Downtown San Francsco. The proposed project generally supports the goals and polces of the Plan n regards to land use, retal, open space and urban form. The Plan also ncludes desgn gudelnes regardng massng and scale for large towers. Partcular desgn recommendatons are ncluded n the Prelmnary Desgn Comments secton below. The followng polces n the Transt Center Dstrct Plan would apply to the proposed project n addton to other comments n ths letter. 17

19 1. Publcly-Accessble Vew Amentes. Transt Center Dstrct Plan Polcy 3.24 encourages buldngs taller than 600 feet to provde space open to the general publc n the upper reaches of the buldng to afford the publc the opportunty for vews of the ctyscape and the Bay, and not reserve these prvleges only to buldng tenants. Ths project ncludes a proposal for one of the tallest towers n the Cty (.e. Tower One at 850 ), offerng a rare opportunty to capture panoramc vews wth amentes such as observaton decks, restaurants, bars, sky lobbes or other spaces accessble to the general publc. The Department strongly encourages the project sponsor to ncorporate such elements n the desgn and programmng of Tower One. 2. Sustanablty: Eco-Dstrct and Dstrct Energy. Sustanablty goals are a major focus of the Transt Center Dstrct Plan. Currently, the Cty s workng wth developers and utlty provders to explore the potental for an energy effcent dstrct heatng and power network n the Transbay area. Such a system would offer a unque opportunty to markedly ncrease the sustanablty of new development and meet the Cty s greenhouse gas reducton goals. The Department s workng wth buldng developers to dscuss ways new development could connect or host such as a system. Please contact Kate McGee, Sustanable Development Planner at (415) or kate.mcgee@sfgov.org. 3. Proposed Street Vacatons for Jesse Street and Elm Alley. The Project proposes vacatng portons of both Jesse Street and Elm Alley. The Department generally dscourages street vacatons to mantan the ntegrty of the street grd and promote pedestran connectvty per the General Plan s Urban Desgn Element. The General Plan recognzes the permanence of losng publc streets to prvate development. The Urban Desgn Element of the General Plan ncludes multple polces strongly dscouragng and prohbtng street vacatons except under certan crcumstances of exceptonal publc beneft. Please refer to General Plan Urban Desgn Element Polces 2.8 through Further, Polcy 3.11 of the Transt Center Dstrct Plan also renforces ths general prohbton of vacaton of alleys, though t also states that t may be desrable to shft or buld over certan narrow alleys for development purposes f the proposal provdes an equvalent or greater degree of publc crculaton. Therefore, proposed street vacatons wll be closely evaluated aganst all of these polces. Unque ste crcumstances and the ncluson of strong pedestran and publc space components n the ste desgn wll be consdered n such a decson. Street vacatons are formally appled for through the Department of Publc Works (DPW) and requre a General Plan Referral from the Plannng Department and are subject to approval by the Board of Supervsors. Furthermore, should such vacatons be consdered acceptable after further evaluaton, the project sponsor would be requred to pay market rate as determned by the Department of Real Estate for any portons of vacated street based on the 18

20 potental development value ganed accordng to the heght lmts (550 feet to 850 feet) and other factors. PRELIMINARY PROJECT COMMENTS: The followng comments address specfc Plannng Code and other general ssues that may substantally mpact the proposed project: 1. Floor Area Rato. Plannng Code Secton 124 establshes basc floor area ratos (FAR) for all zonng dstrcts. As set forth n Plannng Code Secton 124(a), the FAR for the C-3-O (SD) Dstrct s 6.0 to 1. Under Plannng Code Sectons 123 and 128, the FAR can be ncreased to 9.0 to 1 wth the purchase of transferable development rghts (TDR), and may exceed 9.0 to 1 wthout FAR lmtatons through partcpaton n the Transt Center Dstrct Mello-Roos Communty Facltes Dstrct, pursuant to Plannng Code Secton Because the Project proposes an FAR of approxmately 34.6 to 1, the purchase of TDR would be requred to ncrease the base FAR up to 9.0 to 1. Partcpaton n the Transt Center Dstrct Mello-Roos Communty Facltes Dstrct would also be requred. 2. Buldng Setbacks. In order to provde suffcent area for pedestran crculaton, Plannng Code Secton 132.1(c)(3) specfes that the Plannng Commsson may requre buldng facades on certan streets (ncludng the Msson and Frst street frontages of the subject property) to be set back up to 10 feet from the property lne. The Commsson may mpose ths requrement f t s determned that the setback s necessary, desrable, and wll not result n an undesrable sawtooth confguraton of buldng frontages. Such an area should be desgned and treated as a seamless extenson of the publc realm, and must be free and clear from sdewalk grade, up to a mnmum heght of 35 feet. 3. Streetwall Base. In order to establsh an approprate streetwall n relaton to the wdth of the street and to adjacent structures, and to avod the percepton of overwhelmng mass that would be created by a number of tall buldngs bult close together wth unreleved vertcal rse, Plannng Code Secton 132.1(c) specfes that new buldngs taller than 150 feet wthn the C-3- O(SD) Dstrct must establsh a streetwall heght between 50 and 110 feet, through the use of a horzontal relef totalng at least 10 feet for a mnmum of 40 percent of the lnear frontage. If the Project does not strctly comply wth ths requrement, an excepton may be requested through the Downtown Project Authorzaton process, provded that the crtera of Secton 132(c)(1) are met. 4. Separaton of Towers. In order to preserve the openness of the street to the sky and to provde lght and ar between structures, Plannng Code Secton 132.1(d)(1) requres all structures n the 19