commission, nothing. they have shadow recommendation which is approved the shadow recommendation without any evidence. when they went to the planning commission for the hearing, part pardon me, commissioner lowe had a dialogue with the staff who compared the two shadow die grames. they said, the shadow increased. she admitted it really increased. why is it not explained in the rec park staff report? it wasn't explained. the same thing happened when it went to the planning commission. catherine moore had a dialogue the staff planner for planning department. what information do we have in the file? it's a dialogue that happened on

2017 of the transcript. the planning commission was asked to do a shadow finding without any evidence. when they adopt the shadow finding and the adopted this conditional use, they were acting illegally because the planning code requires once they do a shadow find that is honest, they can go on to do consideration for the entire project. they didn't have the property. because the shadow finding that the planning commission made was not adequate. you heard from the community here. you will here from them later about the real necessary aspects of using the park.

when you have new communities coming in and new upper income people coming in to an area that is taking more than brunt new housing, you have to be very sensitive to preserving the institutions and the parks and the open space for the current residents unless you push them out the city. that balancing act is what you are going to do today. thank you very much. >> president yee: i don't see any names on the roster or questions from my colleagues. i will open up the public comments specifically for those who would like to speak in support of the pews. if you're here to support either the pews, you will have an opportunity to come forward for up to two minutes for those who oppose, there will be an opportunity later on the

hearing. at this time, those who support the pews, please come forward. >> this is ongoing continue situatio--continuation which isa discriminatory practice. it's discrimination based only geographical location. i've learned that the lowest income for tenant to move into this apartment building complex, which is going to create this big shadow in the area that's being in controversy today is 55% of the a.m.i. area median income. people's who's income is below $46,600 a year is not and to even apply and put in application to be tenant in the

building. this means that people who are in these income brackets that's in that district, won't even be able to put in application to be tenant in the building. you did that in the mission rock and 5m, you did that at each and every apartment building complex that comes out of the mayor's house on housing. you gotten inclusionary rule where you include the most vulnerable and economically disadvantage people that live in the city so they have an housing opportunity. then you create this loophole where the developer can pay a fee in order to not include the people who the inclusionary law is supposed to include. you exclude them from the housing opportunity. this just another example that even though you creating a shadow in the park where those families like to go for their recreation and play, this is also a derivative of what you

doing. >> president yee: next speaker. >> good afternoon supervisors. i'm heather philip. i work for united players i'm member of the friends of victoria park. i'm the third and fourth grade baseball coach. i'm missing practice today because of it's important for me to be here to show with you how important this park is to our community. today is a day it talk about equity. soma has beared the brunt new development. this conversation isn't about housing versus parks. of course we need housing. 60 units of housing is not going to make or break the housing balance. it will damage a park. we only have four acres of open space in soma. that's it. in case you're wondering deloris park is over 15 acres just in one sight. we have no park space.

the city purchased new park face in western soma. they paid $10,000 for just under half an acre. we're not getting any new space any time soon. i have to implore you to take care of our park. please, provide protection for it. prop k was in '84 and our park didn't get built until 2006 after two years of beating down the door to say don't leave the schoolyard empty. please think about equity. there's lot of people who will say, it's insignificant and it doesn't matter. i ask you where are they from? are they from district 6? are they telling folks to go to another park? not everyone has that mobility in the city. we deserve open space, public open space.

please protect the integrity of our park. thank you. >> thank you. next speaker. >> good afternoon board of supervisors. i'm in sixth grade. i live on the soma street my whole life. i used to hang out there with my friends. housing is important and for people like me, my apartment doesn't have a backyard. we don't want new shadows because we go there in the summertime.

>> it is as you live on harriett street, i started playing baseball there. played basketball almost everyday there. i ran around going to different booths during annual fun days. i walk both my dogs there. i along with my friends hang out on hot summer days playing been and -- basketball and listening to music. for the kid i work with at west bay, we use v.m.d. after school. we use the spates to -- space to wrap up our week with ice cream days. we obvious it when we want kids to be active.

i oppose the construction on 190 russ street. i ask that you not approve the shadow on the port. >> president yee: before the next speaker, i'm really glad to see the young people out here today. you're in you're blocking people's views. if you aren't going to speak and if you're not, move over back over to the wall so we can see the speaker? thank you very much. >> good afternoon supervisors. i'm the director of filipino service centre. we've been serving the soma community for the past 50 years. the kids and families you see here today all of them live in soma. all of them don't have a backyard. v.m.d. is their backyard.

we come here united to represent the underserved and underrepresented community that lives here. the families and seniors often go unseen in the neighborhood. this is an issue of it equity. but reality is, soma already has 80% of all the development that happens in the community. the majority of housing development happens in our neighborhood. it's not a matter not supporting it it's matter of what's right for our community. like heather was saying, we only have four acres of open space. v.m.d. is our only park at 2.5 acres. the reality is, the shadow might

not seem significant. our kids deserve that protection. i think it's real to remember that in 2015, park and rec unanimously decided it that the shadow that the development does not outweigh the effects of the shadow when it was at .07. we have to remember that our community matters. housing matters. we have to make sure that the developer is not the one setting of standards. they should never set the standard. he shoul -- they should listen . >> president yee: next speaker. >> good afternoon. i lived in soma since 1973. i've been working after school

program. with walk through main gate of the park everyday picking up the kids from school to the program. twice a week, we have program at the park until 5:00. we do gardening and activities there. it's very important to me because it's only park in soma where family and friends hang out and feel safe. new shadow in the park would bring darkness at the main entrance of the park. it will attract -- homeless and drug addicts. when the tree was removed, the homeless and the addicts disappeared and the residents that live -- [indiscernible] they don't see any syringe or human waste in that area anymore. please support this appeal.

thank you very much. >> hello supervisors. i'm betty trainer. i'm here representing senior and disability action. we have faced this same situation in the past. the soma has been stated, i don't want to repeat too much what has been stated. soma as fewest and smallest parks in the city with a rapidly growing population. a population of families and childrens and also the seniors. all of whom want to use their park it's considered their safe

place. any community cherishes their parks. this is why it's so important that we all come out and do the same and represent our own feelings about the park. we have a proposition k that was alluded to before. the sun light ordinance. it's a city law that a building is not allowed to cast a shadow on any public park if it has a significant impact. i don't know what can be more significant impact with shadowing eight months out of year out of play areas, basketball court, green area in this park. i want to just to read a quote from one of the rec and park commissioners back in 2015 when at that time, they opposed this building. the community has put an exclamation point on the value of that sun light.

this is not just significant adverse impact on the park, it would be significant adverse impact on the community that uses the park. that was true in 2015, that is true today. thank you. >> good afternoon supervisors. i'm kevin clark. i won't repeat what the young people stated. i do support it. i live and work at 71 moss street which shares the northwest corner of the proposed building. additional green space that will impact wildlife in the area is the area behind my building. there are two large trees. one is a four-story redwood. one is a five-story monterey cypress.

cooper's hawks, and the occasional heron have come to roost and feed. there could be potential impacts on these wildlife residents of area. that's it. >> good afternoon supervisors. dreams are planted and come true in a park. you can run free in a park. ideas come alive in a park. talents are discovered in a park. memories are created in a park. milestones are made in a park. i'm with senior and disability action. we fight for justice. we are based in the south of

market area. v.m.d. park is sacred space. it is the only full-size community park in the south of market in a district which has lowest per capita of open space in the city. we need to bear in mind, public spaces are shrinking. we have these things that crop up called privately owned public spaces which threaten the integrity of what public is. it extends to shape what our concept public is as opposed to private. that is something that's being corrupted message the time. -- much of the time. one of the speakers previously said that to diminish or to ignore the shadow i impact is so erode the public trust. we are in favor of the appeal.

we hope that you as a board, likewise. thank you very much. >> thank you for hearing this appeal. i support the appeal. i'm a district 10 resident. i walk through the park everyday to and from my bus stop and i like to spend time in the park with my friends and their dogs. it is the major part in -- park in the neighborhood. it's dwarfed by the size of other major parks in the neighborhood that are nearby. the fact is that, communities and neighborhoods are comprised more than housing. parks is an essential part of that equation.

thank you. >> good afternoon supervisors. i'm rachael ryan. i'm one of the worker owner of legacy business in soma. i'm involved in the soma leather district. i'm here to support the appeal of this project. stoma has so few open spaces and v.m.d. is the only multiuse park. i love being able it walk over to v.m.d. and get some sunshine which is a major relief from working in dark all day. more importantly, i see all these kids at that park everyday, kid who live in the neighborhood especially after such a rainy and gloomy few months in san francisco, you can understand the effects sun light has on your well being.

>> v.m.d. really is an active and beloved park. i go there everyday to walk my dog, i turn around and come back out with my kids. we spend hours there ago back out with the kids. i know that the park really is in use every moment of the day from sun down. i want to say that i think maybe you all know that the -- i've begin to understand that the shadow will increase and average 72 minutes per day up to 112 minutes in june. the late afternoon sun light is some of the most beautiful sunlight that there is especially in the park. i really feel that the courageous members of our

stressed out community really deserve that beautiful free gift. v.m.d. is one of our only parks to be in the neighborhood. it should be protected. please support this appeal and ask the developer to redesign this project so there's no shadow on v.m.d. park. thank you. >> good afternoon. i work with senior and disability action as well as the anti-displacement coalition. i stand solidarity with the residents of soma in lebron -- t only fair the park will be granted the same tolerance? the city as a policy for north beach and chinatown?

first of all, soma residents spent decades struggling to get the land dedicated to this park. now with a strong population growth in the community, a sunny park space becomes more urgent both for the body and the soul. this is another insult added to the seven-story market rate housing project, luxury housing that is in itself a shadow of an even darker kind. i'm speaking about the testimony given today regarding the ceqa report of a few years ago that has vanish, disappeared or is ignored. that is really unacceptable. this appeal should be granted. thank you.

>> i lived in soma for final 15. i'm aware of the unique challenges soma possesses when combined with a nationwide housing crises, i understand choices have to be made. even with these pressures, however, we need to keep the long-term livability of our neighborhood as a primary concern of our end goal. i'm excited that golden property inc. maintained dedication to bring new housing to soma. it is tempting to ignore the planning provisions put in place, it's the only way soma is to reach its long-term potential being a truly great san francisco neighborhood.

allowing one off projects to violate these provisions to squeeze couple of more units is not in the long-term best interest of our community. just as it would be in the best interest of any neighborhood wrestling to keep its personality and authenticity. the cost of housing should not be a livability of the communi community. the architectural team are incredibly talented and capable of creating a six-story project that has more impact on the community while still providing housing to our neighborhood. this is exactly what they will do to ensure enforcement of planning that our home deserves. thank you for your time.

[speaking foreign language] >> good afternoon supervisors. i live here in the south of market. i'm a parent and i'm here to support the appeal. i don't support the building 190. this was not approved in 2015, now it is larger and the impact is even larger. i don't understand why this would be approved.

my children and their classmates play here during recess and they play basketball after school. then don't use it during school time, they use it after school. there are only a few parkings and open spaces in soma. why would you rob this from us especially the youth? please support the appeal. thank you very much.

>> shadows could occur for eight months out the year affecting areas of the park as well as the soma community youth. these include the basketball court, children's play area and grassy areas. the extended showe shadows could impact the healthy development not just my kids but future

generation of students. sun light is their right. betsy carmichael hals one of the highest population of families experiencing homelessness in the school district. we have a large percentage of newcomers and immigrants. the student body is made up of students of color. this is an equity issue and our children deserve access to a safe park. with sunshine for the positive growth and development. why the north beach and chinatown communities that prohibits around the square. when the planning department and rec department say that the shadows is insignificant they are saying kids in our community is insignificant.

>> hello supervisors. i live across the street from v.m.d. and i'm here to support somcan's appeal of the project. v.m.d. is not just a park. people always saying it's for the whole community. which is really true. i've been betsy's since pre-k. basically 10 years now. i'm 13. even though that my middle school is a few blocks away from little bessie, i still go there and sit down and play with my friends around the park. i had so many memories there. one of my friends actually got stuck in the baby seat and that was really funny, we had to get the fire department. she got stuck.

she was yelling. i've been here since preschool in bessie. i been in the park so many times. i female like i kno i -- i feeli know every corner. the garden i been there a few times even though it's locked. the basketball court, you can play basketball.

this is a really big problem. i've been there for so many years. >> next speaker please. >> good afternoon supervisors. i'm the district 3 youth commissioner. i'm here just to express my concerns with the shadow that will impact the people who use this park. i wanted to mention that the youth commission has worked on enforcing the sun light ordinance for many years. also in different neighborhoods. we think that it's important that this area also has the same protection and they deserve to have their open space as well.

thank you. >> hello, i hope you guys are having a lovely day today. my name is leah i'm an eighth grader at betsy carmichael. if park is important to me. i grown up with the park. for meting my my friends from kindergarten and about to be graduating, this park has been there for us to make memories. this is our main spot for our community and to have a shadow on it would be horrible for all the new generations with the shadow less people liste. this shouldn't happen. i support somcan's appeal. >> thank you. next speaker please. >> hello i'm supporting somcan's

appeal. i have been going to this park since preschool. even though i don't like to go outside, we still like to go to that park after school. we'll play tag with little kids and they like us, same with the parents. they are really nice to us. we did lot of activities at that park. my afterschool program, we had easter egg hunts on easter and other activities. you remember there was a yard sale once. my after school program starts from 2:30 and end 5:30. we are at that park by 3:00 to 4:00. during that time, it's when the shadotime the shadow is around. please support somcan's yo appe.

>> i'm a student at abou about y carmichael. i still pass by the school to pick up my sister. i still hang out at the park. sometimes with my friends and i used to go there a lot. it would prevent the trees and flowers growing there and also there won't be like -- you wouldn't get to see much when playing in the park. thank you. >> good afternoon. my name is jasmine i'm supporting somcan's appeal.

building affordable living space affects our neighborhood. lot of kids go to the park it play. the shadow will cover the dog park. please support somcan's appeal. we do not want any shadows. thank you. >> thank you for your comments. >> i'm david battle from betsy

carmichael, filipino education centre. i'm here in support of the somcan's appeal against the shadow. i'm just really nervous. my concerns with the park like with the shadow is the fact that, like it's environmentable impacts on the park. besides the lack of sun light for some plants, -- i remember the park being very windy. due to the buildings right beside it, it caused a wind tunnel. the shadow would add more wind to that. i find it concerning due to like those who cannot support themselves as easily and them possibly getting knocked over.

that's all i have. thank you. i hope you support the somcan appeal. >> good afternoon. i'm an educator at betsy carmichael centre. i work for the beacon program there. these are my students. the reason why we came here was because of the park, we want to be make sure to protect it through the program that we run it's about anti-gentrification. we want to make sure we protect our public space. we are aware what is being built across the street from the park.

i support somcan's appeal against the shadow. we'll still continue anti-gentrification work and anti-displacement work. thank you so much. >> president yee: next speaker. >> hello supervisors. i'm going to be using a presentation. i'm representing a community planning discussion which happened april 3rd.

about 40 people attended this community planning discussion on parks and open spaces at the betsy carmichael. it was a mix of parents, workers and kids. this is rendering of a park where one of our community members who was born and raised in soma, was able to render the pathways of the data that was gathered from the workshop that happened. you can see, within that green patch, the yellow dots is where the youth hang out and within the back, it's a mix of the yellow and red dots. which are adults and youth from the workshop. on this image we'll be able to

view how the impact will significantly affects the youth and adults from the workshop. we talked about several things in the workshop but actually i'm going to share a few because of lack of time. in one question where it was asked something about the lack of open spaces. soma will affect me and my family because the answer was, it is inequitable. >> president yee: thank you. next speaker. >> i'm actually a appalled this new project. original project was denied by because of shadow impacts.

now in 2019 the project is back and bigger and now it's okay? the fact failure t -- the fact c board oaked this brings fundamental question in mind? in this case, the board clearly on the developer side. here's their mission statement. this is the park and rec mission statement. to provide ric enriching recreational activity and preserving the well being to everyone in our diverse community. this project completely ignores that statement. 38% shadow is maintaining beautiful park and preserving the environment. once again, the project is the definition of privilege walking over the one segment of society who cannot vote.

children. i'we always stand in solidarity with resident and community members of south of market and all users of the park. we need to ask, would this project be allowed if it was in pacific heights? another thing to remember, kids need vitamin d. they need to be out in sunshine. they need sunshine because they're indoors most of the time and they are not getting the sunshine. we got to play in yards. please send this project back. >> good afternoon. i'm hear to read a speech to one of the residents. i'm mr. jason ortega.

i oppose the seven-story high-rise that will clips the v.m.d. park. any development to direct sun lighting is a disregard to v.m.d. park visitors. v.m.d. is the one park bessie carmichael students and local residents enjoy. it is a nearest park within mi mile. currently, the tallest obscuring object are the trees that surround the park that are 30 feet tall. a seven-story building is 490 feet tall and will cast a shadow. why would anyone want to over shadow a public park? v.m.d. is a community park.

it is where our children play during recess. it is where the community host events. it is where we garden together. soma residents are not new to poorly planned developments. i strongly urge you to reconsider the development. we are tired of being shaded. thank you. >> hello supervisor. i live and work in soma. i'm here in support somcan opposition. that would have a negative impact on the v.m.d. park. the park is important to me because it's the original place for youth like me to go to and be ourselves and have fun. the lack of open space in soma affect me, we don't have that

much open spates in soma. the so called privately onlied open space are not accessible for everyone. for example, when my friends and i are trying to go to one there, there's security following us. please do not shadow the park. it park is important for all the family and youth. do not shadow v.m.d. thank you. >> live in the south market area. i'm a parent leader in bessie carmichael with two daughters that go there. i'm here in support of somcan's appeal of the project. bessie carmichael is a public school. everyday my kids go to this park

and for that reason, i'm greatly disappointed that the seven-story luxury market rate housing project will be allowed to shadow our beloved park. v.m.d. is only full-size community park in the soma district. it is a district which has lowest per capita of open spaces in whole city. new shadows would occur for eight months out of the year affecting heavily used areas including the basketball court, children's play area, grassy areas, benches and park entry. i would like to add that the construction of this high-rise will be hazardous to the kids health and interruption to their daily educational routine. please support this appeal and tell the developer to redesign the project so there's to shadow on v.m.d. park.

>> hello. i'm here on behalf of committee for better parks and regular creation in chinatown. we strongly support the somcan appeal. we were founded in 1969 to advocate for open space and recreational area through volunteers. in particular, we were inspired to be formed through the fight to stop a project shadow on the playground in chinatown. like chinatown, the soma neighborhood has some of the most densely populated areas in san francisco and unlike chinatown some of the greatest displacement that has been long time resident of the soma neighborhoods.

v.m.d. park is a community family room, living room, garden or yard. unless upriver for access by high need neighborhood. the project fails to satisfy the planning department february 3, 1989 memorandum. the values to sun light at v.m.d. is high. in 2015, rec and park commission found the project proposed by the project and that casted a smaller shadow than it does currently. if the rec and park commission unanimously found it would be an impact only v.m.d. park, we urge the city to preserve life of a v.m.d. and we support somcan and

their efforts. thank you. >> good afternoon. my name is raymond. i work in the neighborhood. i'm here today to urge you to please support this appeal and tell the developer to redesign the project. this is far more than just a shadow. i urge you look beyond the shadow and see this park and v.m.d. is value. the history of it. the community and the people who fought for it, the schools and the programs who utilize it, the new and long-term residents who uses it. by casting a shadow on v.m.d. is not only disrespect to its history and the people who fought for it, but it will destroy its value. we should be working together to better it not do something that would harm or destroy it. i urge you to protect eat its v.

i urge you to stand with the voters of san francisco voted to pass prop k. i urge you to stand with us and let us work together and better this park. not destroy it. please, support somcan's appeal and tell the developer to redesign the project. this is far more than just a shadow. thank you. >> hello supervisor. i work closely with youth and shadow market and in support of somcan appeal's. v.m.d. park is important to residents and families.

majority of the youth i work with live in studio apartment building. that means they don't have a backyard. v.m.d. is only space they know they can feel free and breathe even just for a second. we would like to urge you to partner with us and protecting and preserving our very limited open space inside of market. approval of this project will set further precedent for future projects that will disregard the value for public open space. thank you for your time. >> hello supervisors. i'm maverick luis. i was born and raised in the soma. i worked for west bay as a youth coordinator. i'll be reading that statement

o.my name is fay, i used to work at the after school program at bessie carmichael for five years. i stand in solidarity with the families and children who live and go to school in soma. v.m.d. is one of the three parks that our kids love going to. it's only park we can bring our kids to. it's the closest where we can run free and kiss the sunshine whenever fog lifts up. i'm sure that if it was deloris park, people would be outraged. v.m.d. 2.1-acre park is all we got. i hope that all take this out of our families today and ask the

developer for adjust for the people that live here. please allow our soma children to thrive. v.m.d. is the heart of soma. don't throw the shade. thank you. >> hi supervisors. i'm a soma resident. i also work closely with the youth south of market and their program. i'm here it speak on behalf of somcan that we urge that you guys somcan appeal's. the building provides no benefit to the community as one, it leaves v.m.d. unusable for the community especially kids to play because of that shadow being casted on the park. that shadow will prevent sun light from going through which is detrimental for youth development. not only that, the creation of

the 190 russ street building will set larg -- example how hie building can be created south of market. going forward with this 190 produce street plan not only provides issues but also for the future the soma youth. i urge that you support somcan appeal and finding against creation of 190 russ street.

>> good afternoon. i was born and raised in south of market where i still live and work. our fight began in 1999. 19 years ago when i was three years old, i sat in my stroller next to my mom while she stood in front of board of education to find for the current bessie carmichael middle school to exist. eattended meetings every month staying until the end. sometimes until midnight to fight for v.m.d. and our current schools. today, i'm 22 years old and our fight continues. today i stand here in front of you fighting once again for the fate of my community and v.m.d. park. i grew up using this park during recess at bessie, after school

with west bay ymca and where i hung out with my friends. i use the green space in the park to walk my dog everyday. the youth and soma after school program like west bay, united players still use this park after school every single day, most times well into the evening. i use this park to get out of my studio apartment to breathe, get fresh air, lie down and look at the sky. the reality is we don't have any houses in south of market. most of us live in studio and one to two bedroom apartment. no one here has a backyard. v.m.d. is our backyard. i support somcan appeal and no more shadows on our park. thank you. >> good afternoon supervisors.

i'm an intern of the san francisco youth commission. in addition, i'm a resident of the outer sunset and school of the arts high school. i are share support and offer youth perspective on it issue. sunshine and nature brings to our well being. access to nature is a basically human right. after all, we are all apart of nature itself. v.m.d. park is that slice of nature that benefits not only the majority of soma residents but also the entire population of san francisco. the commission has taken a stance against shadows on parks in the past and hone in on the shadows that continues today. thank you for your time. i along with the youth commission hope this legislation goes forward for the sake of our city's youth. >> good afternoon supervisors. i'm currently a student at the university of san francisco

living in district 1. i'm here today to stand in solidarity with somcan in appeal for against the development project. i'm also a member of usf which is filipino american organization. i'm grateful to be part of an organization which is promoting unity.

>> hello supervisors. i work in the market. i'm here in support of somcan appeal of the project. i'm a community service worker and work with seniors and adults with disabilities. some of the those clients are cannot be here today because

they have mobility issues. it is very important for seniors to have a regular low intensity exercise and walk in the park. there are only two parks hhre in south of market area. please support this appeal and tell the developer to redesign the project so there's no shadow at v.m.d. park. thank you. >> good afternoon supervisors.