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Planning Commission upholds Fox Plaza PMND and grants wind comfort exceptions with design conditions
Summary
After a contested hearing, the Planning Commission on May 28 upheld the preliminary mitigated negative declaration (PMND) for the proposed 11‑story infill at 1390 Market (Fox Plaza) and granted planning‑code exceptions for ground‑level wind comfort and loading, subject to conditions and an informational return for design refinements.
The Planning Commission on May 28 reviewed appeals and planning‑code exceptions for a proposed 11‑story residential and ground‑floor retail infill at 1390 Market Street adjacent to Fox Plaza Tower.
Staff presented the project's Preliminary Mitigated Negative Declaration and two independent wind analyses concluding the project would not substantially worsen existing pedestrian wind conditions; staff recommended upholding the PMND and granting exceptions for ground‑level wind comfort and loading with specified conditions.
Appellant Sue Hester argued notice requirements were not met and urged that an EIR and broader mitigation addressing wind impacts of the existing Fox Plaza Tower be required. She said existing conditions include "bent trees on Market Street" and that the area can be "windy to very windy," arguing the project alone cannot be judged without considering broader mitigation of upstream buildings.
Project representatives presented peer review findings. Project attorney Andrew Junius said two wind studies had been completed and a peer reviewer concluded the infill would not increase hazardous wind conditions; developer Mark Conroe and architect Jeff Heller described urban‑design goals, including a redesigned public plaza and terracotta facade materials. Heller said the proposal "reinforces the Market Street wall" and aims to improve the existing plaza.
On a roll call vote the Commission upheld the PMND, 6–1. After public comment and deliberation, the Commission granted the requested planning‑code exceptions with modifications to the approval documents and added conditions requiring further design refinements. The motion included a requirement for an informational return to the Commission prior to issuance of the first site permit so commissioners can review refined pedestrian‑level detailing and plaza design.
What the approvals included
- Upheld PMND on the basis that no substantial evidence of significant environmental impact requiring an EIR was submitted during the hearing. - Granted exceptions for ground‑level wind comfort on planning‑code grounds while adding mitigation and design conditions and an informational return to the Commission. - Developer commitments include enhanced public plaza design, bicycle parking expansion, and on‑site affordable housing units (19 units reported in staff materials).
