City Attorney David Chiu

City Attorney Chiu demands companies responsible for Bayview dust pollution cease operations

Construction companies are violating zoning laws and creating excessive dust pollution in a residential neighborhood.

SAN FRANCISCO (March 10, 2022) — City Attorney David Chiu and Interim Director of the Office of Community Investment and Infrastructure (OCII) James B. Morales issued cease and desist orders to four companies violating zoning laws and adversely impacting residential neighborhoods. The demand letters—sent to Murphy Properties, Inc., Bauman Redi-Mix Concrete, Precision Engineering, and M Squared Construction—address the concerning level of dust and noise that these companies have generated through unauthorized industrial activities in a residential neighborhood in Bayview Hunter’s Point.

City Attorney David Chiu
City Attorney David Chiu

“Creating this level of pollution in a residential neighborhood not only endangers public health but is illegal under our city’s zoning laws,” said City Attorney Chiu. “These conditions would not be tolerated in any other neighborhood, and we cannot tolerate them in the Bayview.”

OCII is the successor agency to the former San Francisco Redevelopment Agency, and it is responsible for implementing the Bayview Hunters Point Redevelopment Plan in this area.

“With the assistance of the City, OCII will fulfill the redevelopment objectives to create a diverse and vibrant residential area in this former industrial area,” said Interim Director Morales. “The rebuilding of the Alice Griffith residential community, across the street from these unauthorized uses, was a significant first step in this effort that must be protected by ensuring compliance with the current residential zoning.”

“Community has been complaining about dust and particulate matter in the area for years. When they discovered these companies operating illegally in our community they immediately reached out to my office. I reached out to the Bay Area Air Quality Management District (BAAQMD) and they began to investigate and have also cited companies for being irresponsible. They also have been providing weekly reports to our office. Through deeper research, I also learned that these companies were operating outside of allowable uses in this former redevelopment area,” said San Francisco Board of Supervisors President Shamann Walton, who represents District 10. “We met with the community, OCII and BAAQMD last week. It was clear to me these companies were operating illegally and I have been working with the City Attorney, community and OCII to shut down this activity. The community has been the leading force behind this most imperative action. We may even have to take further steps to deal with these irresponsible companies.”

As early as January 2021, Bayview residents have complained of excessive dust blighting the neighborhood, stemming from concrete and construction companies operating at 955 Egbert Avenue. Similar operations are occurring nearby at 895 Fitzgerald Avenue and 700 Gilman Avenue. The level of dust and particulate matter in the air has raised public health, environmental, and equity concerns.

The property owner of these lots, Murphy Properties, Inc., rents space to construction companies Bauman Redi-Mix Concrete, Precision Engineering, and M Squared Construction. These three entities use the space for a variety of heavy industrial purposes—crushing and mixing concrete and asphalt, transporting soil, and storing crushed materials and debris. Approximately 30-40 trucks travel to and from the site daily carrying materials and stirring up additional dust and debris from these unpaved lots. Neighbors also complain about excessive vibration and noise from the heavy industrial activity.

The lots in question fall under the zoning controls of the Bayview Hunters Point Redevelopment Plan and are located within the Candlestick Mixed Use Residential District. That district is zoned for residential and light commercial uses such as neighborhood retail, family child care facilities, and small professional offices. Industrial uses, like those currently occurring at these lots, are not permitted in the area and are a clear violation of the land use controls in the redevelopment plan. The redevelopment plan for the area sets out a legally binding zoning framework to support a dense, vibrant residential neighborhood—not heavy industry.

These lots are situated between the Candlestick RV Park on one side and the newly rebuilt Alice Griffith residential community on the other side. Hundreds of people live in close proximity to these unpermitted industrial operations, and have endured the consequences.

OCII and the City Attorney plan to inspect the sites on March 15, by which time Bauman Redi-Mix Concrete, Precision Engineering, and M Squared Construction have been ordered to safely wrap up their unauthorized operations at the sites. The cease and desist orders can be found here: