The ongoing battle over a proposal to build two family-sized homes on an undeveloped Folsom Street lot on the south side of Bernal Hill will move to the Board of Supervisors on Tuesday, January 24, as a group of nearby neighbors who oppose the new homes at 3516 and 3526 Folsom have appealed to block the project on environmental grounds.

Despite previous efforts to block the homes, the proposal was unanimously approved by the Planning Commission in October 2016. Bernal Neighbor Herb Felsenfeld is again organizing project opponents in advance of the Board of Supervisors meeting, as outlined in a talking-points he sent to allies in mid-January:

We have spoken before about the proposed development @ 3516/26 Folsom Street. After almost 3 years of sustained effort we are now at a critical pivot point. We have the support of over 300 individuals + community groups like the Bernal Heights Neighborhood Center, Bernal Heights Democratic Club, The Sierra Club and the East Slope Design Review Board. Finally, we have an opportunity to present a reasonable, appropriate, and legitimate request for an Environmental Impact Report (EIR) to the full Board, with a District Supervisor who can speak about the issues. Tuesday, January 24, City Hall, Room 250,

Starting at 2:00 PM* *If you can attend, let me know & I can tell you where we are on the Agenda as we get closer to the date of the Hearing I hope you will consider joining me in one of the following: Attending the Hearing Speaking at the Hearing Contacting our District 9 Supervisor: Email: RonenStaff@sfgov.org Call: 415-554-5144 These are the issues that are most pressing and should merit an EIR This is one of the steepest slopes in the City. It rests atop a 26” gas transmission line, for which safety records and pipe weld reports have never been released.

The line is maintained by a company, PGE, known for its shoddy record-keeping and its secrecy.

The developer’s Geo-technical & topographical survey of the slope is over 3 years old. Its analysis lacks detail and rigor.

There are “cumulative effects” that need attention: “Piece mealing” (infrastructure would be in place for 6 houses not 2); still to be considered – proper drainage; emergency vehicle access; blocking the nearest intersection, traffic issues, etc.

While PG&E’s reputation has suffered greatly as a result of disclosures and criminal wrongdoing related to the 2010 San Bruno pipeline explosion, reporting by Bernalwood in 2014 indicated that Pipeline 109, which currently runs under Folsom Street, has been regularly inspected, and that routine procedures exist to safeguard any construction activity near the pipeline.

Fabien Lannoye, the owner of the lot at 3516 Folsom, previously told Bernalwood he plans to build a home there as a residence for his family. In a recent email to project supporters, Lannoye wrote:

Most of you know that we purchased a residential lot on Bernal, planning to build our house, a discreet 2,200 SF 3 bedroom home, with its garage tucked into the hillside, in scale with the existing adjacent homes. We filed our permits three years ago but have met much resistance from a few of the adjacent neighbors, who consider the land their private open space. Those neighbors filed 19 Design Reviews against the project. At the Planning Commission Hearings the Planning Commissioners unanimously voted in favor of our project 6-0, and then 7-0 (we had to go back to the Planning Commission after the Planning Department re-issued the Categorical Exemption). A Categorical Exemption (known as a “CatEx”) is the norm for any project LESS than 3 residences, exempting such projects from having to do an EIR (Environmental Impact Report). The neighbors have now appealed the CatEx. Their appeal will be heard this Tuesday 1/24, and voted upon by the SF Board of Supervisors. This is why we are contacting you, for your brief kind help in sending a simple e-mail note this weekend to District 9 Supervisor Hillary Ronen, asking her to vote to support the project and Affirm the Categorical Exemption Determination – Proposed Project at 3516-3526 Folsom Street. The neighbors have been using the scare tactic that a PG&E Gas pipeline runs up Folsom Street and that construction on our lot would trigger a new San Bruno. A PG&E representative came to the Community meetings we held with the neighbors to answer their concerns, and to clarify the step-by-step, strictly regulated process of investigation, verification and guidance before and during construction. PG&E stated that they had no concerns since the excavation would take place more than 10’-0” ft away from the existing pipeline (we will be 15-16 ft away). We have tried to get more information from PG&E, as have the Planning Department and DPW, but PG&E states that they will not provide any further information until the Site Permit is issued, which is the normal process. The neighbors hope that we will abandon the project if we’re forced to do a full EIR, or, at least delay the project an additional 2 years. Although most of the Supervisors seem inclined to support the CatEx, our concern is that the local Supervisor (newly elected Hillary Ronen, replacing David Campos) has already been approached by those neighbors. David Campos resides 200 feet from our project. We were able to (briefly) meet with Supervisor Ronen, and she seemed sympathetic to our case but she may be politically pressured to side with the neighbors. We appreciate if you would e-mail Supervisor Ronen and let her know that you support the project and hope she will uphold the Categorical Exemption carefully and rightfully issued by the Planning Department. Requiring an EIR will not serve any other purpose than to delay the project. It would create a precedent of requiring an EIR for any project within 20 feet of a gas pipeline, pipelines exist everywhere in the city. An EIR costs $50,000 – $200,000 and takes approx two years.

Here’s how the appeal is listed on the Board of Supervisors agenda for the January 24, 2017 meeting:

[Hearing – Appeal of Categorical Exemption from Environmental Review

Proposed Project at 3516-3526 Folsom Street]

Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on July 8, 2016, approved on October 13, 2016, for a proposed project located at 3516-3526 Folsom Street, to allow the construction of two 3,000-square-foot single-family residences on two vacant lots. (District 9) (Appellant: Ryan J. Patterson, on behalf of the Bernal Heights South Slope Organization, Bernal Safe & Livable, Neighbors Against the Upper Folsom Street Extension, Gail Newman, and Marilyn Waterman) (Filed November 14, 2016)

PHOTOS: Rendering of proposed homes via Fabian Lannoye