This was the team that tied SFGov up in knots with an injunction for four long years.
Mary Miles (SB #230395)
Attorney at Law
for Coalition for Adequate Review
San Francisco, CA 94102
Edward Reiskin, Director
Roberta Boomer, Board Secretary
and Members of the Board of Directors of the Municipal Transportation Agency
#1 South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
DATE: March 3, 2015
PUBLIC COMMENT, MTA BOARD MEETING OF MARCH 3, 2015, AGENDA ITEM 12 (“Polk Streetscape Project”)
This is Public Comment on Agenda Item 12, the “Polk Streetscape Project” (“Polk Project” or “the Project”), on the MTA Board’s March 3, 2015 Agenda. Under the Brown Act and CEQA, you are legally obligated to accept and consider this Comment and to place it in all public files on the Project. Therefore, please assure that this Comment has been distributed to all members of the MTA Board and placed in all applicable files on the Project.
The “categorical exemptions” invoked do not apply to the Project, and therefore you may not lawfully approve the Project or any part of it as proposed, since such approval will violate the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§21000 et seq.)
The Project proposes to reduce traffic and turning capacity on Polk and other Streets by eliminating existing parking lanes, reducing traffic lanes and installing obstructions to traffic flow and turning on this busy commercial corridor.
The unusual and highly inconvenient scheduling of this hearing before the MTA Board after 3:00 p.m., on a day with an extraordinarily long MTA Board Agenda shows the MTA Board’s contempt for the public and the significant impacts of the Project. The hearing should be continued to a date and time when the public can be heard without waiting hours for hearings on unrelated matters, and where the public’s comments will receive the Board’s full and serious attention. The hearing precludes public attendance by many people, including all those people who have to be at work. Combined with the short notice, that scheduling deprives the public of the opportunity to meaningfully participate in the environmental review and administrative proceedings on the Project.
On January 15, 2015, the San Francisco Planning Department issued a “Certificate of Determination of Exemption from Environmental Review” (“Exemption”) claiming that the Project was categorically exempt under Classes 1, 2, and 4 of CEQA, invoking 14 Cal. Code Regs. [“Guidelines”] §§ 15301, 15302, and 15304. None of those categorical exemptions apply to this Project. Further, the significant cumulative impacts on traffic, transit, parking, loading, and air quality caused by the Van Ness BRT project one block away, and by the CPMC Project at Van Ness Avenue at Geary Boulevard, make the Polk Project not categorically exempt. (Guidelines §15300.2) Both of those Projects also present “unusual circumstances” precluding categorical exemption of the Polk Project.
1. The Polk Project Does Not Fit Within The Categorical Exemptions Invoked… (more)
This is not the only legal threat that we know of. We heard from other attorneys at the hearings. We will watch this closely.