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Board affirms categorical exemption for 214–220 Second Street; neighbors' CEQA appeal denied

5475572 · April 15, 2025
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Summary

The San Francisco Board of Supervisors voted 11–0 to uphold the Planning Department's categorical exemption for a proposed five-unit project at 214'220 Second Street after a public hearing on geologic and slope concerns raised by neighbors and consultants.

SAN FRANCISCO — The San Francisco Board of Supervisors on Tuesday affirmed the Planning Department's determination that a proposed project at 214'220 Second Street is categorically exempt from environmental review under the California Environmental Quality Act (CEQA), rejecting an appeal from neighbors who said unusual geological circumstances require a full environmental study.

The board voted 11'to'0 to approve Item 35, which affirms the Planning Department's class 1 and class 3 categorical exemption for the project. Supervisors also tabled the companion motions (Items 36 and 37) that would have reversed the exemption and directed written findings.

The appellants'attorney, Emily Brough, told the board the issue was not whether housing should be built but whether CEQA review is required. "The issue before the board today is not whether this project should be built," Brough said. She said the site has a roughly 40 percent slope in places, sits inside a state-mapped earthquake landslide zone, and is underlain by serpentine bedrock that can contain naturally occurring asbestos. Brough and the appellants'geotechnical expert, Alan Cropp, said the project proposes excavations up to about 30 feet while borings in the sponsor's initial report reach only 2 to 5 feet.

"Serpentinite is one of the least stable bedrock types in the city," said Cropp, who told the board he has more than 50 years of geotechnical experience in the Bay Area. "When a 30'foot excavation is to be made, it's critical that the depth of that material be characterized by a geologist for stability." Cropp also testified that serpentinite can in some cases release asbestos fibers when excavated.

Planning Department staff responded that the project fits within two CEQA categorical exemptions: class 1 (demolition of a single'family residence) and class 3 (construction of up to six dwelling units). Don Lewis, a planning staff member, said the department's records show steep slopes and serpentine bedrock are common features in San Francisco and that the city's building and safety codes, including the Slope and Seismic Hazard Zone protections, provide review mechanisms at the building permit stage.

"Construction on steep slopes is common in San Francisco," Lewis said, noting the department's estimate that about 13 percent of the city includes slopes of 25 percent or greater. He added that the project sponsor must still obtain building permits and compliance with the California Building Code and local rules, which trigger geotechnical review.

The project sponsor's attorney,…

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