Board affirms planning department's CEQA exemption for 13th Street eastbound protected bikeway

The San Francisco Board of Supervisors on June 27 voted unanimously to uphold the Planning Department's categorical-exemption determination under the California Environmental Quality Act (CEQA) for the San Francisco Municipal Transportation Agency's 13th Street eastbound bicycle facility project.

The action followed a contested appeal hearing in which neighborhood groups and a coalition (Coalition for Adequate Review) raised concerns about traffic diversion, air quality and whether the project qualified for a categorical exemption.

SFMTA project sponsor Jennifer Wong described the project as a safety- and connectivity-focused facility: "Thirteenth Street is becoming an increasingly well-used bicycling corridor ... the project provides a direct connection to Folsom Street and Howard Street," Wong said. She told the board the project would remove one eastbound travel lane on 13th Street and install protected and parking-protected bike lanes and bicycle boxes at key intersections.

Planning department's environmental position and evidence on the record

Planning staff presented a written response and oral remarks defending the categorical-exemption finding and the transportation analysis. Christopher Espiritu, an environmental and transportation planner with the department, said the department relied on SFMTA-collected PM-peak traffic counts (April 19, 2016) and concluded the proposed lane reduction would not reduce roadway capacity below the levels needed to accommodate existing and projected traffic at the study intersections. He also noted the Planning Commission's March 2016 resolution directing the department not to use automobile-delay metrics as a CEQA significance threshold.

Jennifer Wong of SFMTA cited local safety data: "In the recent five-year collision period, 57 fatal and injury crashes occurred on Thirteenth Street between Folsom and Bryant, and 30 percent of those involved cyclists," she said, adding that the route already carries more than 140 cyclists during the AM commute in some stretches.

Appellant concerns and board response

The appellant, Coalition for Adequate Review, led by Mary Miles, argued the project could cause congestion and air-quality impacts and said late-filed documents should not be considered. Planning staff and the city attorney advised the board that the Planning Department had provided timely responses in the days before the hearing and that the board could accept or decline late materials at its discretion under board rules. Deputy City Attorney Marlena Byrne advised that the board had discretion under its CEQA ordinance to disregard or consider late submissions.

After testimony from SFMTA, Planning and representatives of bicycle-advocacy groups and local residents, the board voted 11-0 to affirm the Planning Department's categorical exemption and to file the appeal. Remarks from supervisors emphasized support for protected bike lanes as a Vision Zero and safety measure and reiterated that the CEQA analysis met local rules for minor public alterations.

Practical effect

The vote upholds the department's categorical-exemption determination and clears the way for SFMTA to keep the installed bikeway improvements in place while additional outreach or mitigation (if required by other processes) proceeds. The result does not preclude later legal challenges, but the board's action affirms the department's environmental finding.