Coalition alleges railroading of new SF commercial project

Angelica Cabande, director of the South of Market Community Action Network (SOMCAN), speaking at an anti-eviction protest earlier this year. INQUIRER FILE

SAN FRANCISCO–Members of a citywide coalition concerned with the economic and social impacts of new development in the city’s South of Market neighborhood charged that the city’s Planning Department and a private developer were making plans separate from the public process and were fast-tracking the project while ignoring the community’s request to study the negative effects of gentrification.

Meeting on November 11 the SoMa Action Committee (SMAC) coalition reiterated its pending appeal of developer Forest City’s 5M Project, which will be heard by the city’s Board of Supervisor on November 17 at 3 p.m.

SMAC is appealing the certification of the Environmental Impact Report (EIR), the conditional use approvals and the office allocations associated with the project.

It states that the deficient EIR fails to analyze and fully disclose substantial project impacts such as massing and height, traffic, pedestrian safety, open space, shade and shadow effects, inconsistency with area plans and policies and violations of the city’s General Plan. Furthermore, SMAC charges that approval of the project will obliterate the Youth and Family Special use District, displace the Filipino community, and jeopardize the establishment of the Filipino Historical District, therefore destroying the aesthetic and cultural integrity of surrounding neighborhoods.

Condos, office towers

The 5M Project by Cleveland-based Forest City consists of luxury condos and office towers at the heart of a longstanding working class and diverse neighborhood in the SoMa. It threatens the displacement of low-income, seniors, and immigrants living in the area. Many of the residents are Filipinos that have lived in the neighborhood for generations.

Plan for 5M Project in San Francisco.

The 5M Project more than doubles the highest allowable heights: 470 ft. tower with 400 market-rate residential units, 395 ft. and 350 ft. towers with 600,000 sq. ft. of office space, 200 ft. tower with 230 market-rate residential units, and 87 affordable units.

Forest City developments include the Westfield San Francisco Center, The Uptown, a 665-apartment complex in Downtown Oakland, and the Pacific Park, Brooklyn Nets Arena Complex, a massive 15-building site in New York City.

Repeat of history?

The concerns of the Filipino community about the 5M Project seem to be a case of history repeating itself. The urban renewal and redevelopment in San Francisco in the mid-1960’s caused the displacement of thousands of residents in west of Downtown and as far as the Fillmore district, due to the city’s plans to expand the business sector.

The International Hotel or I-Hotel at the corner of Kearny and Jackson Streets, home to Filipino immigrants, was demolished after the eviction of 196 tenants, many of whom were poor and elderly. It was part of the eradication of 10 full blocks of what was then Manilatown–low-cost housing, restaurants, barbershops, markets, clubs and other businesses that benefited the Filipino community.

Angelica Cabande, director of the South of Market Community Action Network (SOMCAN), hoped that the Board of Supervisors would listen to the concerns of the SMAC and their supporters and reject the 5M Project.

She said the project “will set a dangerous precedent for development throughout the City, enabling developers to make up their own rules to get out of their affordable requirements and zoning rules.”

Cabande further charged that claims that the luxury office and housing development will have 40 percent affordable housing is misleading and false. “In fact, we’re left with zero affordable housing units tied to the massive Fifth and Mission development, even though we need new affordable housing now more than ever.”

Encouragement for developers

Cabande further stated that approval of the project incentivizes future developers to circumvent provisions of the zoning code through Special Use District that will open doors to unlimited expansion of downtown SoMa and be detrimental to the City as a whole.

SMAC has also alerted the City Attorney and Board of Supervisors that Supervisor Jane Kim, whose district is the South of Market, has likely disqualified herself from the 5M Project appeal hearing because of her stated support for the Project in advance of the November 17 appeal hearing, which violates San Francisco’s Sunshine Ordinance.

The community coalition has requested the recusal of Supervisor Kim for the upcoming appeal hearing on the 5M Project, and is also asking for a 60-day continuance of the appeal hearing because the privately negotiated deal “materially alters the subject matter on appeal.”

Appellants were not notified of the changes prior to the hearing. SMAC’s attorney, Rachel Mansfield-Howlett, stated, “this week, Supervisor Jane Kim acknowledged she negotiated a private deal with Forest City and the Hearst Corporation to make changes to the Project. Supervisor Kim’s support of the Project in advance of the hearing on the appeals represent a conflict of interest; her ongoing participation in the pending hearing prejudices Appellants in the appeal process.”

Private deal

The private deal includes increasing the Area Media Income (AMI) levels for the below market rate (BMR) housing, making the onsite BMR rental units more expensive.

Mansfield-Howlett said that “such increase in AMI levels invariably creates more displacement impacts” and this “change further demonstrates less mitigation for resulting displacement impacts, which is an issue raised on appeal.”

The community coalition is questioning the validity of inclusionary housing with the 5M Project. There are 600 units of luxury housing and every unit in the proposed 470-ft. condo tower is slated for luxury housing. It appears that Supervisor Kim has removed the rental units that were targeted for lower income people and increased the rate of rentals. A 2-bedroom apartment that would cost $1,146 per month will now cost $2,293 to $3,439 per month. Most of SoMa’s Filipino residents will no longer qualify for these AMI levels.

The coalition proposes that for real inclusionary affordable housing, Forest City should be required to complete any off-site affordable housing projects without subsidy and build the units before 5M’s market rate units come on line.

Capping heights

According to Cabande, “there could be just as much housing on the 5M site, 687 units, by capping the heights at the highest currently allowed, 160 feet. Our vision includes ground floor open space and retail, over 200,000 square feet of office, and 50% onsite affordable housing in keeping with the City’s Housing Balance policy. This would have much less shadow, wind and open space impacts.”

With regards to the upcoming hearing on November 17, Cabande has expressed her concerns about “the Mayor not caring about the impact of this development in the long run to the SoMa community and he will do whatever he can with his executive power to tell the Supervisors to pass it. He has been doing that since the project went through the Planning Commission. The Supervisors will ignore the impacts because the Development Agreement sounds good.” However, she continued, “the Development Agreements will not cure the massive negative impact this development will have on the South of Market. Transactions don’t make inclusive cities. In this housing crisis, we need more than smoke, mirrors and PR. We need affordable housing that is real, onsite and guaranteed.”

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