Board affirms planning department exemption for Upper Market street safety project after multi-hour hearing

The San Francisco Board of Supervisors on Tuesday unanimously affirmed the Planning Department's categorical exemption for the San Francisco Municipal Transportation Agency's Upper Market Street safety project, rejecting an appeal that argued the project required additional environmental review under the California Environmental Quality Act (CEQA).

The project covers Upper Market Street between Castro Street and Octavia Boulevard and calls for new curb extensions, parking-protected bicycle lanes, ADA curb ramps and related street improvements. The appeal was filed by David Pilpel, who said he questioned the adequacy of the Planning Department's exemption determination and raised concerns about emergency vehicle access and possible cumulative impacts with nearby projects.

Pilpel told the board his appeal was “brought in good faith” and argued that certain project components had been described inconsistently in MTA materials and therefore should have been re-submitted for review. He also cited the Fire Department's concerns about aerial ladder access in locations with overhead transit wires and asked the board to require additional analysis.

Planning Department environmental staff countered that the project met a Class 1 categorical exemption and that the exceptions under CEQA (including cumulative impacts and unusual circumstances) did not apply. Planning staff noted they analyzed the project as the SFMTA had approved it on May 2 and that the short bicycle connections on Sanchez and Octavia were not approved as part of the Market Street action and have independent utility. Chris Espiritu of the Planning Department told the board the department had found “no unusual circumstances” and urged denial of the appeal.

SFMTA staff described extensive outreach and a two-year design process and emphasized the project's safety goals under Vision Zero. Tom McGuire, SFMTA sustainable streets director, said the project's purpose is to reduce severe injuries and deaths on one of the city's highest-injury corridors.

About a dozen members of the public — including representatives of the San Francisco Bicycle Coalition and Walk San Francisco — spoke in opposition to the appeal, urging the board not to delay construction. Julia Raskin of the Bicycle Coalition said the appeal was holding up a project on a corridor where “safety can't wait.” Several speakers cited collision statistics in the project area, including a recent period with 174 collisions, 22 involving pedestrians and 51 involving cyclists.

Supervisor Aaron Peskin pressed SFMTA and Planning staff on why a revised project description had not been submitted to Planning when the scope changed during the outreach process; Planning's acting environmental review officer said the department had not received a revised project description and would have issued a new exemption had one been submitted. Supervisor Jane Kim and others asked staff to ensure continued work with the Fire Department on emergency-access details.

Supervisor Mark Farrell moved to adopt the Planning Department's determination; Supervisor Matt Haney (note: hearing and roll-call names used as in public record) and Supervisor John Sheehy led procedural remarks during the hearing. Ultimately Supervisor John Sheehy moved to adopt item 53 (affirm the exemption) and to table items 54 and 55; the motion was seconded by Supervisor Jane Kim (as recorded). The board voted 11-0 to affirm the Planning Department's exemption and deny the appeal.

Board members and staff said they expect continued coordination among SFMTA, Planning and Fire to refine emergency-access details during design and before construction. The SFMTA expects the near-term implementation of safety improvements following the board's action.

The board's vote allows SFMTA to proceed with implementation of the approved Project elements on Upper Market Street between Castro and Octavia, while the agency and fire officials continue technical discussions and any non-CEQA design refinements.

The board's decision was unanimous by roll call.