Board affirms categorical CEQA exemption for 2142 22nd Street project after appeal

The San Francisco Board of Supervisors on April 15 voted to affirm the planning department's categorical exemption under the California Environmental Quality Act for a proposed demolition and new five-unit building at 2142 22nd Street. Supervisor Walton moved to approve item 35, table items 36 and 37, and the motion passed 11—0.

Appellant Emily Brough, representing the 2132 and 2136 22nd Street homeowners association, argued the project's site presents "unusual circumstances" that remove it from a routine categorical exemption. "This project site has a 40% grade in some areas, sits in a state-recognized earthquake landslide zone and rests on serpentine bedrock," Brough told the board, adding the sponsor's initial borings reached only 2–5 feet while the project proposes excavations up to 30 feet and roughly 1,000 cubic yards of earth.

Alan Cropp, a geotechnical engineer called by the appellant, said he found no evidence of deep borings or a certified engineering geology study and warned that serpentine rock can contain naturally occurring asbestos and pose slope-stability concerns when excavated. "When a 30-foot excavation is to be made, it's critical the depth and material be characterized by a geologist for stability," Cropp said.

Planning Department staff, represented by Don Lewis, maintained the project fits Class 1 and Class 3 categorical exemptions under CEQA and that the exceptions do not apply. Lewis told the board that construction on steep slopes and excavations into serpentine bedrock "are common in San Francisco," citing department estimates that about 13% of the city has slopes of 25% or greater and noting that building-code review and the city's dust-control ordinance are designed to handle geotechnical and asbestos risks.

Project counsel Tuya Catalano said the sponsor had held neighborhood meetings, made some design changes in response to neighbors and that the required geotechnical and geology reports, retention of a licensed geologist, and any necessary peer review are standard parts of the building-permit process rather than planning review. "The path forward is the building permit stage," Catalano said, urging the board to deny the appeal.

In asking the board to reverse the exemption, the appellant's counsel reiterated that the combined presence of steep grade, seismic landslide zoning and serpentine bedrock establishes unusual circumstances and creates a reasonable possibility of a significant environmental effect that CEQA requires be considered.

Supervisor Walton said he saw no evidence sufficient to overturn the planning department's determination and moved to affirm the exemption; Supervisor Chan seconded. The clerk recorded 11 ayes; items 36 and 37 (conditional reversal and direction to prepare findings) were tabled.

The board's action affirms the planning department's determination that the project qualifies for Class 1 and Class 3 categorical exemptions. No modified mitigated negative declaration or environmental impact report was ordered by the board at the meeting. The sponsor and planning department indicated required geological and permit-level reviews will occur during the building-permit process.