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Board upholds appeal in part, orders more review of Whole Foods environmental analysis for Geary Boulevard site
Summary
After a lengthy public hearing and expert back-and-forth, the Board of Supervisors found the planning department's use of a "common sense" CEQA exemption insufficient for the proposed Whole Foods at 2675 Geary Boulevard and voted to require additional environmental review on toxic-air/health-risk concerns.
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The Board of Supervisors on Nov. 17 found the planning departmentโs reliance on a โcommon senseโ exemption from environmental review inadequate for the proposed Whole Foods project at 2675 Geary Boulevard, and directed further study of toxic-air and health-risk issues raised during a multi-hour public hearing.
Supervisor Stephanie moved to uphold the appeal on the narrow question of whether the common-sense exemption applies; Supervisor Fewer seconded the motion. The board voted unanimously to adopt motions that approve and file related committee items (items 34 and 35) while tabling the exemption/affirmation (item 33) for additional analysis.
The site is an existing vacant 49,780-square-foot retail space at City Center, previously occupied by a large-format electronics retailer. Whole Foods Market proposed to occupy the space, build out an approximately 35,000-square-foot sales floor with the remaining area used for back-of-house operations, and operate with on-site loading docks and an adjacent parking lot. City planning staff told the board they had estimated the grocery would generate about 23 to 28 truck delivery trips per day; department transport analysis used conservative local travel-demand methods and did not count any residual activity that had ceased when Best Buy left the building.
Appellants and their consultants told the board that the addition of diesel-powered delivery trucks โ especially refrigerated trucks with rooftop diesel refrigeration units (TRUs) โ plus many thousands of customer vehicle trips on peak weekend days could raise toxic-air and diesel-particulate exposures for nearby sensitive populations, including the UCSF child-care center on the site, students at nearby Wallenberg High School, and nearby residences. Appellantsโ experts used screening tools and then a refined health-risk assessment, which, they argued, showed possible exceedances of Air District significance thresholds.
Planning staff and a peer reviewer countered that the department had requested an independent peer review and a refined analysis; its consultantโs refined health-risk modeling concluded that incremental cancer risks attributable to the project would fall below the more protective thresholds the city uses inside designated air-pollutant exposure zones. The departmentโs reviewer found methodological errors in one appellant analysis and identified dramatically different vehicle-trip inputs between the parties, and staff argued the departmentโs review was the more appropriate basis for a categorical decision.
Supervisor Stephanie said the statutory standard for the common-sense exemption requires that a lead agency be able to say โwith certaintyโ that no significant environmental impact is possible. Given the late-submitted revised analysis from the appellants and the technical disagreement over modeling inputs โ in particular the selection of baseline conditions and the treatment of previously ceased activity at the site โ Stephanie said she could not find that certainty.
The boardโs action: The board voted to sustain the appeal on the limited ground that the common-sense exemption could not be confidently applied in light of the conflicting health-risk analyses, and it sent the item back to planning for additional environmental analysis and clarification. The motion to table item 33 and to file/approve 34 and 35 passed on a roll call vote that recorded unanimous support for the boardโs instructions.
Why it matters: The ruling does not block a grocery at the site but requires planning staff and consultants to resolve competing technical analyses about truck-related toxic-air exposures before the city concludes the project needs no further environmental review. That additional review will focus on baseline assumptions, delivery-vehicle modeling, TRU emissions and the potential for cumulative exposure in an air-pollutant exposure zone.
Whatโs next: The planning department will perform the additional analysis requested by the board and report back per the cityโs environmental-review process. The project sponsor and the appellants are expected to respond to the departmentโs forthcoming written analysis.
Provenance: The hearing on the appeal began with planning staff presentation and public comment (topicintro) and ended in the boardโs vote to sustain the appeal on the common-sense exemption and to send further analysis back to planning (topfinish).
