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Planning commission upholds mitigated negative declaration for Market St. project after appeals over soil contamination

San Francisco Planning Commission · April 16, 2009
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Summary

The commission voted 6–1 to uphold the Planning Department's mitigated negative declaration (PMND) for a proposed nine‑story mixed‑use project at 1960–1998 Market St.; appellants argued contaminant levels, groundwater and greatly underestimated soil‑excavation volumes justified an EIR, but staff and project consultants said Department of Public Health oversight and required mitigation make an EIR unnecessary.

The Planning Commission on April 16 denied an appeal seeking an environmental impact report for a planned nine‑story, mixed‑use project at 1960–1998 Market Street, upholding the department's mitigated negative declaration by a 6–1 vote.

What the commission decided

After hearing technical testimony and written comment, the commission voted to uphold the PMND — meaning staff's conclusion that identified mitigation measures would reduce potential environmental impacts to less‑than‑significant levels stands and an EIR will not be required at this stage. Commissioner Mike Antonini moved to deny the appeal and the motion carried 6–1 (Commissioner Catherine Moore opposed).

What the appeal said

The San Francisco Building and Construction Trades Council, represented at the hearing, argued that available site data and independent reviews present a "fair argument" under CEQA that the project may have significant hazardous‑materials impacts.…

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