San Francisco Chronicle

S.F. project proceeds as residents cry foul

- By Cynthia Dizikes

A group of San Francisco residents is accusing city officials of obstructin­g public oversight and violating the state’s environmen­tal protection law in the cleanup of a polluted auto repair garage being readied as the site for new condos.

The city’s approach to the fiveunit developmen­t at a vacant auto repair garage at 1776 Green St. is part of a pattern identified by The Chronicle in June, where planning officials have repeatedly let developers bypass statemanda­ted environmen­tal reviews when assessing whether chemicalta­inted properties — like gas stations, vehicle repair shops and parking garages — are safe for building new homes.

In the city’s tony Cow Hollow neighborho­od, the San Francisco Planning Department granted an exemption from state review for cleanup work beneath the sidewalk outside of the Green Street garage where, years ago, gasoline storage tanks leaked high

levels of cancercaus­ing benzene into the soil and groundwate­r. The exemption meant that the work, which includes excavating soil, could proceed without a public hearing and formal considerat­ion of residents’ concerns as required under the state’s environmen­tal law.

Neighbors appealed the exemption to the Board of Supervisor­s in July, arguing that it violated California law, which requires a thorough public review before cleanup begins. The neighbors want the supervisor­s to require that the project go through the state’s environmen­tal review process so they have a chance to fully vet cleanup plans and better ensure that nearby residents, constructi­on workers and the condos’ future occupants won’t be exposed to any remaining hazards.

Despite the pending appeal, the San Francisco Department of Public Works allowed work to begin this week, and expects it to conclude on Friday. The supervisor­s have yet to vote on the appeal.

“In the 30 years I’ve been doing this I have never seen anything like it,” said Richard Drury, an environmen­tal lawyer representi­ng the group of neighbors in their appeal. “We are in the midst of an appeal process and they are shortcircu­iting the elected officials. City staff are making an end run around the Board of Supervisor­s.”

Supervisor Catherine Stefani, whose district includes the auto repair garage, said it was her “expectatio­n that city department­s closely adhere to the letter of the law.”

“If that’s not the case here, I will make sure they are held accountabl­e,” she said.

The Public Works Department referred questions to the Planning Department.

Spokeswoma­n Gina Simi said that the city is following the law and will address the legal issues that the residents have raised during the appeal process.

She has previously said the city cleans polluted properties according to state and regional standards, regardless of whether they go through the state’s environmen­tal review process. In its document granting the exemption, Planning Department officials argue it is allowed because the sidewalk work is not part of the developmen­t itself — an approach the neighbors say illegally “piecemeals” the project by carving it up into smaller parts.

Simi said they are separate projects and each “may be implemente­d without the other.”

The Green Street neighbors say what’s missing in the city’s process is the greater level of transparen­cy and public engagement they are entitled to. Several environmen­tal lawyers previously told The Chronicle that state law allows far more scrutiny of developmen­t on toxic sites than the city’s process alone. Under state law, the public can require that safer measures be taken to reduce significan­t impacts on the environmen­t and health, and can more easily sue if they are not.

The California Environmen­tal Quality Act requires local government­s to notify the public about potential hazards at a site before cleanup and other developmen­t work begin. It allows the public to demand health protection­s and additional levels of cleanup, and requires formal considerat­ion of those comments. To enforce compliance, people can sue agencies they think are failing to adhere to the law.

The neighbors also say the San Francisco Planning Department is simply not allowed to exempt the Green Street property from the state process.

The state law prohibits certain environmen­tal review exemptions for tens of thousands of properties on a statewide roster of hazardousw­aste sites, called the Cortese list, to protect the public, constructi­on workers and future occupants from exposure to dangerous substances.

But in the past five years — as the city has faced intense pressure to build more housing — a Chronicle investigat­ion found that the San Francisco Planning Department granted or considered implementi­ng prohibited “categorica­l” exemptions for at least a dozen projects on Cortese list sites. The 12 projects, which included the Green Street garage, involved more than 250 current and future housing units around the city — in the Mission, Sunset, Cow Hollow, Nob Hill and other neighborho­ods.

A categorica­l exemption is supposed to go only to projects with no significan­t impact on the environmen­t or human health. After The Chronicle asked the Planning Department this year why it was exempting properties toxic enough to be on the Cortese list, planning officials announced they would no longer grant those exemptions.

But in the Green Street case, the Planning Department simply used a different kind of exemption for cleanup work in the sidewalk. The socalled “commonsens­e” exemption is intended for projects that present “no possibilit­y” of significan­t hazards, according to state law.

In their appeal, the neighbors argue that the danger is apparent: Benzene — associated with the garage’s gasoline storage tanks under the sidewalk — was found in 2018 in the property’s groundwate­r at levels exceeding safety thresholds by about 900 times.

Additional­ly, they accuse the city of trying to “piecemeal” the cleanup from the developmen­t — a strategy that is barred under state law. The neighbors say the cleanup work under the sidewalk is clearly related to the developmen­t.

In his appeal, Drury wrote that the California Environmen­tal Quality Act requires analysis of “the project as a whole,” so that “environmen­tal considerat­ions do not become submerged by chopping a large project into many little ones — each with a minimum potential impact on the environmen­t — which cumulative­ly may have disastrous consequenc­es.”

Anne Mackenzie, who lives down the street from the garage and is contesting the exemption, said she was surprised late last week to see work notices fixed to the garage with bright red tape. Mackenzie and other neighbors have pushed the city for months to send the proposed developmen­t through environmen­tal review so that they can weigh in on the cleanup.

“I don’t understand why they would approve this work if they had read the report documentin­g contaminat­ion on the property,” said Mackenzie, who has lived on Green Street for 50 years. “We are paying these people in these positions to take care of our community. We should not have to be fighting for them to go through this (public process).”

 ?? Lea Suzuki / The Chronicle ?? Laborers remove dirt from the sidewalk as part of excavation work contested by a Cow Hollow neighborho­od group.
Lea Suzuki / The Chronicle Laborers remove dirt from the sidewalk as part of excavation work contested by a Cow Hollow neighborho­od group.
 ?? Photos by Lea Suzuki / The Chronicle ?? Workers at 1776 Green St. place dirt removed from the sidewalk in barrels on Tuesday. The site of an auto repair garage contaminat­ed by benzene is being converted to housing.
Photos by Lea Suzuki / The Chronicle Workers at 1776 Green St. place dirt removed from the sidewalk in barrels on Tuesday. The site of an auto repair garage contaminat­ed by benzene is being converted to housing.
 ??  ?? Anne Mackenzie, who lives down the street from the garage, said she was surprised late last week to see the work going on.
Anne Mackenzie, who lives down the street from the garage, said she was surprised late last week to see the work going on.
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