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Land Use - Featured Case Study

09 | 08 | 2008  Case Study


Luce Forward is involved with some of California’s most complex and controversial land use issues.

The Legal Challenge:

San Francisco is one of the most difficult U.S. cities in which to obtain land use approvals. Near the Civic Center, the 10th and Market Project was originally proposed for a large office tower housing city offices and a smaller residential building. When the City lost interest in the office building, a new owner sought to develop the entire site for two high-rise residential towers, in what was considered a “pioneering” effort for this area.

The proposed development was located in one of the windiest areas of San Francisco. Pedestrians in this area had been literally “blown off their feet.” A City ordinance prohibits new projects from increasing “hazard level” winds at ground level. Although the physically-similar office tower had been found by the City’s testing not to increase winds, the proposed residential tower did.
How could Luce Forward create a compelling story for this residential pioneering effort while overcoming concerns about increasing ground level winds?

Luce Forward’s Solution:

Tim Tosta and Steve Atkinson are involved with some of California’s most complex and controversial developments. To move this project forward, Luce Forward first had to shape the project to create a set of public benefits that could generate community and decision maker support for a high-density, high rise project in this transitional area. Our team developed two approaches for the project to help address the City’s severe shortage of affordable housing. They identified and obtained 2 approvals for a package of code exceptions that made possible over 80 affordable housing units in the project, generally considered impractical in a San Francisco high rise development. They also implemented an innovative strategy to create substantial financial benefits for an adjacent and all-affordable housing project.

To address the wind questions, Luce Forward located one of the world’s leading experts on urban wind modeling to reassess projects using new computer wind models. The model demonstrated that the building design would actually lessen the ground-level wind. Luce Forward then developed information about analytic gaps in the City’s existing wind testing methodology to convince City decision makers to allow the new methodology to supplement the City’s traditional approach. As a result, Luce Forward justified a unique variance rather than an amendment to the local ordinance.

Client Results:

All entitlements were successfully obtained and the client is proceeding to finance project construction.