Board upholds CEQA emergency exemption for Vaillancourt Fountain removal, 10-1

San Francisco ' After several hours of public comment and testimony from city staff and engineers, the San Francisco Board of Supervisors on Jan. 13 upheld the Planning Department's determination that disassembling and placing the Vaillancourt Fountain into storage qualifies for a statutory emergency exemption from the California Environmental Quality Act. The motion to affirm the exemption (item 21) passed on a 10-1 roll call, with Supervisor Fielder the lone no vote.

The board heard appeals contending there is no sudden emergency that would justify bypassing CEQA and that officials had effectively pre-committed to removal as part of the larger Embarcadero Plaza renovation. Appellants'representatives, including historic-preservation lawyer Susan Brant Holly, argued that the fountain's condition is the predictable result of long-term deferred maintenance and that environmental review is the appropriate process to consider alternatives and impacts. "None of them recommend removal for any reason, including an emergency," Brant Holly told the board during her remarks.

City staff and outside engineers told the board the opposite. Planning Department senior planner Kei Zushi summarized written assessments and said the Recreation and Park Department determined the fountain posed an immediate public-safety risk that the emergency exemption was intended to address. Lisa Gibson, the Planning Department's environmental review officer, and Yolanda Harrison Goodwin, project manager for Recreation and Parks, described findings in an engineering condition assessment and related reports that document advanced corrosion, missing reinforcing elements, and at least one roughly 10-ton cantilevered arm bearing on an adjacent arm.

"These conditions are documented in a May 19, 2025 report by engineering firm DCI, a Department of Building Inspection letter from Oct. 27, 2025, and a June 2, 2025 report from Page & Turnbull," Kei Zushi said, summarizing the record. Recreation and Parks staff told the board they observed fencing breaches and people entering the fenced structure, including evidence of people sleeping inside concrete tubes. Staff said disassembly, off-site storage and further technical analysis were necessary to eliminate immediate risk and to allow safe investigation of hidden corrosion and hazardous materials.

The board was also told the tentative removal timeline would begin in mid-February after the 90-day notice to the artist, with disassembly, transport and off-site storage expected to take roughly two months and storage potentially lasting up to three years. The Recreation and Park Department estimated the disassembly and storage cost at about $4,400,000 and said funding would come from the larger Embarcadero Plaza renovation project; staff identified multiple sources including bond funds and private partnership contributions.

Opponents argued that less disruptive abatement measures (e.g., strengthened fencing, targeted security) could protect the public without removing the work and that removal would be effectively piecemealing a larger plaza project. Preservation groups and artists described the fountain's cultural significance and urged the board to require full CEQA review to evaluate alternatives and mitigation.

Supervisor Slaughter, who made the motion to uphold the Planning Department's determination, said the record demonstrates the scale of the public-safety concerns and recommended denying the appeal. "This is about whether this project is exempt from further environmental review pursuant to an emergency statutory exemption due to the condition of the fountain," Slaughter said. "I do believe this fountain, which is a 710-ton concrete structure, poses a significant public-safety hazard." The board then voted 10-1 to approve item 21 and table items 22 and 23 for future consideration.

What the vote does and next steps: The board's action affirms the Planning Department's use of the statutory emergency exemption (CEQA Guidelines section 15269) to permit immediate measures to address a safety hazard. Items 22 and 23 ' motions related to reversing the exemption and directing the preparation of findings ' were tabled. The Recreation and Park Department and Arts Commission told the board they will proceed with the disassembly plan subject to the remaining procedural steps, including notice to the artist and project scheduling.

Authorities and evidence cited to the board included the DCI condition assessment, Page & Turnbull report, a DBI inspection letter, planning-department appeal responses (Jan. 5 and Jan. 8), and CEQA Guidelines section 15269. The officials presenting the project emphasized that full confirmation of internal corrosion and the extent of hazardous materials can only occur after disassembly and off-site analysis.

Funding and costs: Recreation and Park staff said the $4.4 million estimated removal and storage cost would be funded from identified Embarcadero Plaza project funds, with sources including bond proceeds and private partners. A restoration estimate provided during questioning to the board put full restoration to original working condition at approximately $29,000,000.

The vote record: Item 21 was approved by a roll call vote of 10 ayes and 1 no (Supervisor Fielder). Items 22 and 23 were tabled.

The board's action concludes the appeal on the statutory emergency-exemption question; any further actions (restoration, relocation, final disposition) will be subject to project planning, funding decisions and any required subsequent environmental review if the project scope changes.