469 Stevenson Street Residential Tower

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Build Inc. files initial planning application for a mixed-use residential tower at 469 Stevenson Street on a Nordstrom valet parking lot in SoMa. SF Planning Case No. 2017-014833ENV.

Draft Environmental Impact Report preparation begins. State Clearinghouse No. 2019100093 assigned.

San Francisco Planning Commission certifies the Final Environmental Impact Report, finding it was prepared, publicized, and reviewed consistently with CEQA.

The Yerba Buena Neighborhood Consortium files an EIR appeal to the Board of Supervisors. Arguments: inadequate analysis of gentrification/displacement, shadowing of Mint Plaza, geotechnical/seismic risk, and historic resource impacts.

Board votes 8-3 to uphold appeal and overturn EIR. Voting to overturn: Preston, Chan, Ronen, Melgar, Mar, Peskin, Mandelman, Walton. Voting in favor of project: Haney, Stefani, Safai. Mayor Breed: "If you're wondering how we got into our housing crisis, this is how."

HCD sends Letter of Inquiry and Technical Assistance regarding 469 Stevenson, expressing concern that SF's EIR appeal process may be constraining the provision of housing in San Francisco.

YIMBY Law files suit against the City and County of San Francisco alleging the Board's vote violated CEQA, the HAA, SB 330, and the Permit Streamlining Act.

HCD launches an unprecedented Housing Policy Review of SF's housing approval practices, citing 469 Stevenson among evidence of systemic obstruction.

Judge Cynthia Ming-Mei Lee dismisses most of YIMBY Law's case. Holds that state housing laws can't apply to a project until it completes adequate CEQA review.

Build Inc. publishes a revised Partially Recirculated Draft EIR addressing the Board's concerns about gentrification, geotechnical risk, and historic resources.

HCD sends Letter of Support to SF Planning for the Partially Recirculated Draft EIR, indicating the revised analysis adequately addresses prior concerns.

Governor Newsom issues an Environmental Leadership Development Project certification under SB 7. Limits any legal challenges to a 270-day window. Confirms $200M+ investment, LEED Gold target, 495 units.

Planning Commission votes 4-2 to certify the revised EIR and re-approve the project. Commissioners Moore and Imperial dissent. John Elberling indicates TODCO won't appeal.

AB 1633 (Ting) takes effect. Directly inspired by the 469 Stevenson obstruction. Allows developers to sue local governments that block urban infill housing by requiring unnecessary environmental review — closing the CEQA laundering loophole the Board used.

YIMBY Law settles remaining claims, paying $32,000 to the City of San Francisco. City Attorney's office: "The City Attorney's Office prevailed in getting all four of the petitioner's claims dismissed by the trial court."

Build Inc. requests an entitlement extension for the lapsed 2023 approval, with a reduction in on-site affordable housing from 19% to 15%. Developer cites rising construction costs. Site remains a surface parking lot nine years after planning began.

Project replaces a surface parking lot with 495 homes two blocks from BART. Provides 24% affordable units, with 40% of on-site affordable units offered preferentially to community applicants. Ground-floor retail at $1/sq ft for community tenants.

"This is the right project for the right place. It's close to jobs and transit, it's providing housing for residents at all levels of income." Said he was "blindsided" by the Board's vote and "we are not giving up."

"Tonight the Board voted down a 495 unit housing project in my district on a parking lot on Stevenson/6th. It was approximately 24% affordable with 100+ affordable units, near transit, with ground floor community space, and extensive neighborhood support from residents and leaders."

"If you're wondering how we got into our housing crisis, this is how. Supervisors raised vague concerns about gentrification and possible shadows to justify rejecting the analysis of the experts at the Planning Department. We're talking about a parking lot in SoMa surrounded by high-rises."

SF's EIR appeal process as applied to 469 Stevenson is indicative of a pattern constraining the provision of housing in San Francisco. The Planning Commission's FEIR certification was based on thorough review and found to be consistent with CEQA. (Letter of Inquiry, Nov 22, 2021)

Issued SB 7 Environmental Leadership Development Project certification on March 21, 2023. Certification states the project will invest over $200 million in California, create skilled jobs, use clean energy, and advance sustainable infill development.

"This CEQA ruling on the Stevenson St. housing project is every bit as outrageous as the UC Berkeley 'students-are-pollution' CEQA ruling. We must clarify CEQA doesn't give cities the power to ignore state housing law. Better yet, let's remove infill housing from CEQA entirely."

The Board violated CEQA, the HAA, SB 330, and the Permit Streamlining Act by overturning an EIR that had no legal basis for being rejected. Using the EIR appeal process to deny projects on policy grounds is "CEQA laundering" — a way for cities to evade the Housing Accountability Act.

The project provides no housing for Section 8 voucher holders or the working poor most at risk of displacement in SoMa. Its market-rate units will intensify gentrification pressure on the Filipino Cultural Heritage District and the Sixth Street corridor. Legitimate geotechnical questions about a 27-story tower on historic marsh fill haven't been adequately studied.

"You know there was an old marsh here." (On seismic concerns, October 2021 Board hearing). Dubbed project "The Monster on Sixth Street." After the vote: "I can't remember the last time this happened on a project of this type and magnitude from a developer like this."

Called the developer's environmental study "biased." Stated he wasn't anti-housing but preferred projects with higher affordability ratios to address displacement.

"It's very clear to me that this will have a very significant displacement and social economic impact on the Sixth Street corridor, on the Filipino community, and the broader low income community here."

"It is important that we hear the concerns of marginalized communities who fear displacement."

October 2022: dismissed most of YIMBY Law's claims. Ruling: state housing laws (HAA, SB 330, Permit Streamlining Act) cannot apply to a project until it completes adequate environmental review under CEQA. This gave the Board's action legal cover under then-existing law.

TODCO affiliate filed an EIR appeal to the Board of Supervisors. The Board voted 8-3 to overturn the EIR on October 26, 2021. Critics including HCD, the Mayor, and state legislators argued the appeal had no evidentiary basis and was used to launder a policy disagreement through environmental review. Forced a full EIR revision and new certification hearing, adding approximately 18-20 months.

Board exercised its discretionary authority to overturn a Planning Commission EIR certification — an extremely rare use of this power for a project of this type. AB 1633 (Ting) was a direct legislative response to close this specific discretionary pathway.

Official YIMBY Law case page with legal filings and final status.

Most recent status update. Confirms expired entitlement and reduced affordability request.

Essential opposing view. Argues Build Inc. lacked financing all along and CEQA wasn't the primary obstacle.

Best source for lawsuit outcome, settlement amount, AB 1633 legacy, and Sonja Trauss comments.

Primary document. Grants SB 7 Environmental Leadership streamlining.

Statewide significance analysis. Contains Scott Wiener quote.

Primary government document. HCD concern that SF's EIR appeal process is constraining housing.

Pro-tenant perspective. Best source for Elberling quotes and TODCO's stated rationale.

Best day-of account. Names all 11 supervisors and their votes. Contains Mayor Breed's statement.

Day-of coverage of the 8-3 vote. Contains named quotes from Lou Vazquez.