Board of Supervisors Hearing Set for Mission Moratorium Battle

​As we reported on May 7, 2015, Supervisor Campos has introduced a legislation that would place a temporary moratorium on Planning approvals or issuance of permits for all market-rate residential projects with five or more units in the Mission District. The proposed 45-day moratorium could be extended for up to two years under state law. A hearing on the legislation before the Board has been scheduled for June 2, 2015 at 3:00 p.m.   Passage requires the votes of 9 of 11 Supervisors, which will be a tough hurdle for the legislation, but given the importance of the measure to a number of proposed development projects, we will continue to monitor this one closely. 

We are also watching development of the impending ballot initiative that would ask voters to weigh in on a Mission moratorium in November. The language of the initiative, which has now been released, covers a larger area than the proposed legislation, adding the area between Guerrero and Valencia Streets and the area between Bryant Street and Potrero Avenue north of 20th Street.

More to follow in future updates, as the battle between advocates for housing development and anti-gentrification forces will likely play out in the Mission for years to come.

Also on November’s Ballot – Mission Rock

Not far from the dust-up in the Mission, in an area once connected to it by Mission Creek, an entirely different development picture is coming into focus for the November election. The Giants have filed paperwork for a ballot measure to permit their proposed Mission Rock project on 28-acres just south of AT&T Park over the Mission Creek Channel. The plan includes 1,500 apartments (33 percent of which are proposed to be affordable), 1.5 million square feet of commercial space, and eight acres of parks, plazas and open space. 

The Project must be approved by the voters because it proposes towers of up to 240 feet for residential development (previously proposed to be as tall as 380 feet) and up to 190 feet for office and retail development, as well as several other slightly lower towers throughout the site. San Francisco Proposition B, passed last year, requires voter approval for any increase in the existing height limits for property currently under control of the Port of San Francisco.

The Mission Rock project also proposes a large new home for the Anchor Brewing Company on Pier 48. Anchor plans to renovate the Pier and install a state of the art brewing facility, as well as restaurant, museum and educational facility. Although Anchor plans to keep its Potrero Hill facility, the new Pier 48 location will allow it to significantly ramp up production.

While the Mission Rock development will add a significant influx of new housing in an underutilized area of the City, it may take a decade to be completed. In the meantime, expect to see a Giants public relations blitz on behalf of Mission Rock between now and November.

The issues discussed in this update are not intended to be legal advice and no attorney-client relationship is established with the recipient.  Readers should consult with legal counsel before relying on any of the information contained herein.  Reuben, Junius & Rose, LLP is a full service real estate law firm.  We specialize in land use, development and entitlement law.  We also provide a wide range of transactional services, including leasing, acquisitions and sales, formation of limited liability companies and other entities, lending/workout assistance, subdivision and condominium work.