Board affirms mitigated negative declaration for 570 Market Street, tables related items

The board on Nov. 18 voted to affirm the Planning Commission's approval of a final mitigated negative declaration (FMND) for the proposed 29‑story hotel at 570 Market Street, rejecting appeals from adjacent property owners who argued the project may cause significant noise, vibration and historic‑resource impacts requiring an environmental impact report (EIR).

Appellants including BCAL 44 Montgomery (represented by CEQA attorney Brian Flynn) and adjacent building owners said expert analyses in the record raised a "fair argument" that construction noise and vibration could be significant, and that proposed mitigation in the FMND deferred required details until after damage could occur. They urged the board to order a full EIR.

City planning staff (Ryan Shum) and the project sponsor (represented by Melinda Sarjapour) defended the FMND, saying the document included technical studies and that subsequent permitting and DBI review, plus a required vibration‑monitoring and mitigation plan, would address geotechnical, vibration and construction noise concerns. Labor speakers and trades representatives urged the board to affirm the FMND to avoid delays and preserve union jobs.

After city staff and public testimony, Supervisor Sauter moved to affirm item 39 (the Planning Commission's approval of the FMND) and table items 40 and 41 (conditional reversals and findings); the roll call yielded 10 ayes and no nays. The board approved the FMND and deferred the other two items.

The decision means the project may proceed with the planning approvals under the FMND, subject to the mitigation measures identified in that document and later technical review by permitting authorities.

Appellants noted on the record that they had submitted expert reports on noise, vibration and historic resources; the board concluded those submissions did not meet CEQA's substantial‑evidence standard to require an EIR at this stage.