Motion conditionally reversing the determination by the Planning Department that the proposed project at Embarcadero Fountain by Armand Vaillancourt (Vaillancourt Fountain) is statutorily exempt from environmental review, subject to the adoption of written findings of the Board of Supervisors in support of this determination.

This Board of Supervisors motion conditionally reverses the Planning Department's determination that the proposed project involving the Embarcadero Fountain (Vaillancourt Fountain) is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA). The project, located at the northeast corner of Embarcadero Plaza (Assessor’s Parcel Block No. 0233, Lot No. 035), involves disassembling and removing the fountain, which has been inoperable since May 2024. The purpose is to eliminate an immediate public safety risk and allow for further investigation into its structural integrity and hazardous materials. The project is expected to take approximately two months, with components stored off-site for up to three years while options for rehabilitation, relocation, or reinterpretation are evaluated. The Planning Department had initially determined the project was exempt under CEQA Guidelines Section 15269 (emergency actions). However, Docomomo US/Northern California appealed this determination. The Board of Supervisors reviewed the appeal and, following a public hearing, decided to conditionally reverse the exemption, pending the adoption of written findings supporting this decision.

This decision means the removal and analysis of the Embarcadero Fountain will undergo a more thorough environmental review, potentially impacting the timeline and scope of the project. Residents may experience delays in addressing the fountain's safety issues and its future disposition.

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