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Board affirms Planning Commission’s mitigated negative declaration for 1390 Market Street project, denying wind-hazard appeal
Summary
After a contested hearing over wind hazards and project scope, the Board of Supervisors voted 11–0 to affirm the Planning Commission’s mitigated negative declaration for the 11-story, 250-unit project at 1390 Market Street and denied an appeal that sought further study and mitigation for wind impacts.
The San Francisco Board of Supervisors on Tuesday affirmed the Planning Commission’s adoption of a mitigated negative declaration for the proposed development at 1390 Market Street (Fox Plaza area), rejecting an appeal that sought additional environmental study of wind hazards and retrofit mitigation for the existing Fox Plaza tower.
The project sponsor proposes to demolish a two-story retail and office building and build an 11-story residential tower with about 250 dwelling units and roughly 20,000 square feet of retail. The project would not add new automobile parking; residential parking would use the existing two-level Fox Plaza basement garage, and the proposal increases bicycle parking.
Appellant Sue Hester argued that the planning department and project sponsor had not properly defined the project scope because the new tower would tie into existing foundations and the garage, and that the city had a legal obligation under CEQA to explore mitigation that would reduce hazardous ground-level winds affecting pedestrians and bicyclists near Tenth and Market. Hester cited historical wind studies and the federal government’s prior decision not to locate a federal building at the same corner because of wind hazards.
The planning department and project team countered that the proposed work does not alter the existing Fox Plaza tower itself and that the project sponsors do not own or propose work on the separate Fox Plaza building; therefore, CEQA does not require mitigation on buildings not part of the project. Planning staff said they performed wind-tunnel and engineering assessments and found the proposed project would not substantially worsen, and would slightly improve, existing wind conditions; a peer review reached a similar conclusion. The project received a 7–0 approval from the Planning Commission.
After hearing testimony from the appellant, the planning department, the project sponsor and several public commenters for and against the project, Supervisor Daly moved to affirm the mitigated negative declaration and deny the appeal. The motion passed on roll call, 11–0.
Why it matters: The decision clears a major discretionary environmental hurdle for the Market Street project and allows the sponsor to proceed toward final approvals. Appellants and some neighbors had argued that the project would attract hundreds of new residents into a wind-prone block and that feasible mitigation — potentially including retrofits to nearby structures — had not been explored.
What happens next: With the Board’s action affirming the environmental finding, the project sponsor retains the approvals granted by the Planning Commission and may proceed with permitting and final design steps required by other city processes.
