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Coverage of State Law. | |
Listing of Non-Physical and Ministerial Projects. | |
Exemptions. |
CEQA provides that certain kinds of projects may be subject to CEQA. Some of these projects may be excluded or exempt from CEQA. If not excluded or exempt, CEQA provides a process whereby an initial study is completed, then a determination is made as to whether a negative declaration, mitigated negative declaration, or an environmental impact report ("EIR") should be prepared. In accordance with the requirements of CEQA and as specified herein, the Planning Commission and/or the Environmental Review Officer shall determine when CEQA applies to a project, when the project is excluded or exempt, or when a negative declaration, mitigated negative declaration, or environmental impact report is required.
(a) The Environmental Review Officer shall maintain a listing of types of nonphysical and ministerial projects excluded from CEQA. Such listing shall be modified over time as the status of types of projects may change under applicable laws, ordinances, rules and regulations. The listing shall not be considered totally inclusive, and may at times require refinement or interpretation on a case-by-case basis. When the Environmental Review Officer proposes to modify such listing, notice shall be provided on the Planning Commission agenda prior to such modification. Any person who may consider any modification to be incorrect may appeal such modification to the Planning Commission within twenty (20) days of the date of the Planning Commission agenda on which notice of such modification was posted. The Planning Commission may affirm, modify or disapprove such modification, and the decision of the Planning Commission shall be final.
(b) Such listing of excluded projects and modifications thereto shall be kept posted in the offices of the Planning Department, and copies thereof shall be sent to the Board of Supervisors and all other affected boards, commissions and departments of the City.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(a) CEQA provides that certain projects are exempt from CEQA because: the project is exempt by statute ("statutory exemption"); the project is in a class of projects that generally do not have a significant effect on the environment ("categorical exemption"); CEQA streamlining procedures allow reliance on a prior environmental document prepared on a zoning or planning level decision, for example, as provided in community plan areas and for specified urban infill projects ("community plan exemption"), except as might be necessary to examine whether there are project-specific significant effects, which are peculiar to the project or its site; or the activity is covered under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, thus, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA ("general rule exclusion"). Unless otherwise specifically stated, reference in this Chapter 31 to "exemptions" or "exempt from CEQA" or an "exemption determination" shall collectively refer to statutory exemptions, categorical exemptions, community plan exemptions and general rule exclusions.
(b) For categorical exemptions:
(1) Each public agency must list the specific activities that fall within each such class, subject to the qualification that these lists must be consistent with both the letter and the intent of the classes set forth in CEQA.
(2) The Environmental Review Officer shall maintain the required list of the types of projects which are categorically exempt, and shall post it in the offices of the Planning Department and on the Planning Department website, and shall provide it to all City departments. Such list shall be kept up to date in accordance with any changes in CEQA and any changes in the status of local projects. The initial list and any additions, deletions and modifications thereto shall be adopted as administrative regulations by resolution of the Planning Commission after public hearing, according to the procedure set forth in Section 31.04(e) of this Chapter.
(3) CEQA allows public agencies to request that the Secretary of the Resources Agency make additions, deletions and modifications to the classes of projects listed as categorically exempt in CEQA. The Planning Commission shall make any such requests, after a public hearing thereon held according to the procedure specified in Section 31.04(e) of this Chapter for adoption of administrative regulations.
(c) The Environmental Review Officer may create necessary forms, checklists and processing guidelines to aid the Planning Department and other departments in determining whether a project may be exempt in accordance with the letter and the intent expressed in CEQA and with the administrative regulations adopted by the Planning Commission.
(d) The Environmental Review Officer shall advise other departments of the requirements of CEQA for determining whether a project is exempt from environmental review. The Environmental Review Officer may delegate the determination whether a project is exempt from CEQA to other departments, provided that other departments shall consult with the Environmental Review Officer regarding the application of exemptions. Further, at the time of each exemption determination, such other departments shall inform the Environmental Review Officer and provide to the Environmental Review Officer a copy of the exemption determination containing the information specified in Section 31.08(e) of this Chapter 31. The Environmental Review Officer shall be responsible for all determinations so delegated to other departments. When the Planning Department or other City department determines that a project is exempt from CEQA, the issuance of the exemption determination shall be considered an exemption determination by the Planning Department. The Environmental Review Officer shall post on its website the same information about exemption determinations issued by other departments as it provides for exemption determinations issued by the Planning Department.
(e) When the Environmental Review Officer, or any other department to which the Environmental Review Officer has delegated responsibility pursuant to Section 31.08(d) above, has determined that a project is exempt from CEQA, the following provisions shall apply:
(1) Posting Exemption Determinations.
(A) For all exemption determinations, the Environmental Review Officer shall post on the Planning Department website the following information about each exemption determination: (1) a project description in sufficient detail to convey the location, size, nature and other pertinent aspects of the scope of the proposed project as necessary to explain the applicability of the exemption; (2) the type or class of exemption determination applicable to the project; (3) other information, if any, supporting the exemption determination; (4) the Approval Action for the project, as defined in Section 31.04(h); and (5) the date of the exemption determination.
(B) For projects that involve the issuance of multiple discretionary permits or other project approvals, in addition to the requirements of Section 31.08(e)(1)(A), the Environmental Review Officer shall describe and evaluate the whole of the project that will result from all discretionary approvals and identify any additional discretionary approvals required other than the Approval Action that are known to the Environmental Review Officer at the time of the issuance of the exemption determination, and post this information on the Planning Department website.
(2) The Environmental Review Officer may issue a Certificate of Exemption from Environmental Review by preparing a written exemption determination containing the information in Section 31.08(e)(1), and by posting a copy in the offices of the Planning Department and on the Planning Department website, and by mailing copies to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project, and to any organizations and individuals who previously have requested such notice in writing.
(3) The Environmental Review Officer shall prepare a Certificate of Exemption from Environmental Review or comparable written exemption determination and provide notice to the public as provided for in Section 31.08(e)(2) for all projects involving: (A) any historical resources, defined as any buildings and sites listed individually or located within districts (i) listed in Planning Code Articles 10 or 11, on an historic resource survey that has been adopted or officially recognized by the City, on the California Register or determined eligible for listing on the California Register by the State Historical Resources Commission, including, without limitation, any location listed on or determined eligible for the National Register of Historic Places, or (ii) a resource that the Environmental Review Officer determines, based on substantial evidence, to be a historical resource under Public Resources Code Section 5024.1; (B) any Class 31 categorical exemption; (C) any demolition as defined in Planning Code Section 317 or in Planning Code Section 1005(f) of an existing structure; (D) any Class 32 categorical exemption; or (E) any community plan exemption.
(f) Informing the Public of the Approval Action for a Project as Part of Public Hearing Notice.
(1) When the Planning Department or other City department provides notice of a public hearing on the Approval Action for a project that it has determined to be exempt from CEQA, the notice shall:
(A) Inform the public of the exemption determination and how the public may obtain a copy of the exemption determination;
(B) Inform the public of its appeal rights to the Board of Supervisors with respect to the CEQA exemption determination following the Approval Action and within the time frame specified in Section 31.16 of this Chapter; and
(C) Inform the public that under CEQA, in a later court challenge a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission. Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process, if any, on the CEQA decision.
(A) Contain the information required by this Section 31.08(f) in addition to any notice requirements in the Planning Code;
(B) Inform the notification group that if a discretionary review hearing is requested before the Planning Commission, the Approval Action for the project under this Chapter 31 will occur upon the Planning Commission's approval of the Building Permit application, if such approval is granted; and
(C) Inform the notification group that if a discretionary review hearing is not requested, the Approval Action for the project will occur upon the issuance of a Building Permit by the Department of Building Inspection, if such permit is granted. The notice also shall advise the notification group of how to request information about the issuance of the Building Permit.
(g) A City board, commission, department or official that grants the Approval Action for a project of the type defined in Section 31.16(e)(2)(B) of this Chapter, which Approval Action is taken without a noticed public hearing as provided for in Section 31.08(f) of this Chapter, shall thereafter arrange for the Planning Department to post on the Planning Department's website a written decision or written notice of the Approval Action for the project that informs the public of the first date of posting on the website and advises the public that the exemption determination may be appealed to the Board of Supervisors as provided in Section 31.16(e)(2)(B) of this Chapter within 30 days after the first date of posting of the notice.
(h) Filing Notice of Exemption. After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures, the Environmental Review Officer may file a notice of exemption with the county clerk in the county or counties in which the project is to be located. The Planning Department shall also post a copy of the notice of exemption in the offices of the Planning Department and on the Planning Department website, and mail a copy of the notice of exemption to any organizations and individuals who previously have requested such notice in writing.
(i) Modification of Exempt Project.
(1) Where a change occurs to a project that the Environmental Review Officer has determined to be exempt, prior to any subsequent approval actions, the Environmental Review Officer shall determine whether the change is a substantial modification that requires reevaluation as provided for in Section 31.19(b) of this Chapter 31. A substantial modification of an exempt project requiring reevaluation under Section 31.19(b) shall mean either:
(A) A change in the project as described in the original application upon which the Environmental Review Officer based the exemption determination, or in the exemption determination posted on the Planning Department website at the time of issuance, which would constitute an expansion or intensification of the project as defined in the Planning Code. An expansion or intensification of the project as defined in the Planning Code includes, but is not limited to: (A) a change that would expand the building envelope or change the use that would require public notice under Planning Code Sections 311 or 312, or (B) a change in the project that would constitute a demolition under Planning Code Sections 317 or 1005(f).
(B) New information or evidence of substantial importance presented to the Environmental Review Officer that was not known and could not have been known with the exercise of reasonable diligence at the time the Environmental Review Officer issued the exemption determination that shows the project no longer qualifies for the exemption.
(2) When the Environmental Review Officer determines that a change in a project is a substantial modification, the Environmental Review Officer shall make a new CEQA decision as provided for under Section 31.19(b) of this Chapter 31. The Planning Department will require payment of fees as defined in the Department's fee schedule for the applicable type of environmental review. When the Planning Commission or Planning Department renders a new CEQA decision for a project after the Approval Action, as provided for in Section 31.19(b), and the City takes a new Approval Action for the project in reliance on the new CEQA decision, the new CEQA decision may be appealed in accordance with the provisions of Section 31.16 of this Chapter, as to those issues associated with the project changes since the original exemption determination.
(3) When the Environmental Review Officer determines that a change in an exempt project is not a substantial modification, the Environmental Review Officer shall post a notice of the determination in the offices of the Planning Department and on the Planning Department website and mail such notice to the applicant, board(s), commission(s) or department(s) that will carry out or approve the project, and to any organizations and individuals who previously have requested such notice in writing.
(j) Appeal of a Determination That Change in Exempt Project Is Not a Substantial Modification.
(1) Within 10 days of the posting of the notice of a determination that a change in an exempt project is not a substantial modification as defined in 31.08(i), an appeal may be filed with the Environmental Review Officer, who is provided for in Section 31.05, including subsection (k), requesting that the Environmental Review Officer reverse the determination and render a new CEQA decision for the project. Such an appeal is not an appeal of a CEQA decision under the California Environmental Quality Act and shall not delay or suspend any permit approval or other discretionary approval authorizing the change in the project, or suspend any construction activity.
(2) If such an appeal is filed when a regularly scheduled meeting of the Planning Commission will be held within 20 days of the filing of the appeal, the Environmental Review Officer shall hold a noticed public hearing on the day of a Planning Commission meeting held within such 20-day period, unless the period between the filing of the appeal and the Planning Commission meeting is insufficient to notice the public hearing. If no Planning Commission meeting is held within the 20-day period, or the period between the filing of appeal and the Planning Commission meeting within 20 days of the appeal is insufficient to notice the public hearing, the hearing shall take place on the day of one of the next two regularly scheduled Planning Commission meetings after such 20-day period.
(3) At the public hearing, the Environmental Review Officer shall reconsider the prior determination in light of all information provided by all parties present, including any project sponsor, as well as written information submitted at or before the public hearing.
(4) If after such reconsideration, the Environmental Review Officer determines that the original determination was in error, the Environmental Review Officer shall render a new CEQA decision for the project in accordance with the requirements of CEQA and this Chapter 31. Any prior permit approval or other discretionary approval authorizing the change in the project shall be suspended by the decision-maker who approved the project until the Environmental Review Officer issues a new CEQA decision. If the Environmental Review Officer determines that the project as modified is exempt from CEQA and makes a new exemption determination in accordance with this Chapter 31, any suspended approval shall be reinstated and valid as of the date of the original approval. However, if the Environmental Review Officer identifies a suspended approval as the Approval Action for the modified project, the date of the Approval Action for the modified project, for purposes of this Chapter 31 only, shall be the date the approval is reinstated. If the Environmental Review Officer determines that the modified project is not exempt, and an initial study is required, any prior approval for the modified project shall be void.
(5) If after such reconsideration, the Environmental Review Officer determines that the original decision was not in error, the original determination of the Environmental Review Officer shall be final and no further appeal to any body of the City and County of San Francisco of the determination that the change in the project is not a substantial modification shall be granted, including without limitation, the Board of Appeals.
(6) The Environmental Review Officer shall issue a written decision on the appeal within 14 days of the public hearing, and an oral report of the decision shall be provided to the Planning Commission at the next possible meeting after such decision.
(7) To the extent feasible, and subject to the budgetary and fiscal provisions of the Charter, such hearing shall be video-recorded and broadcast by the official television channel of the City and County of San Francisco. At a minimum, such hearing shall be video-recorded and made available on the website of the City and County of San Francisco.
(8) The Planning Department may adopt additional procedures for such appeals.
Ordinance 161-13 amends sections of this Article, as shown in the history notes above. Section 6 of that ordinance provides as follows:
Operative Date. This ordinance shall become operative on the later date of September 1, 2013, or five business days after the Secretary of the Planning Commission provides a memorandum to the Clerk of the Board of Supervisors advising that the Planning Commission has held a public hearing at which the Planning Department has demonstrated to the Planning Commission that it has updated its website to provide up-to-date information to the public about each CEQA exemption determination in a format searchable by location, such as through the "Active Permits In My Neighborhood" tool now used by the Planning Department and the Building Department.
Ordinance 181-13 further amends Sec. 31.08 (only). Section 4 of that ordinance includes an Operative Date provision effectively identical to that included in Ord. 161-13 and quoted above.
At the direction of the Office of the City Attorney, the publisher incorporated the amendments made by Ords. 161-13 and 181-13 into this Code on September 25, 2013.
Determination of Need for Evaluation. | |
Initial Evaluation of Projects. | |
Negative Declarations or Mitigated Negative Declarations. | |
Determinations that Environmental Impact Reports are Required. | |
Draft Environmental Impact Reports. | |
Consultations and Comments. | |
Final Environmental Impact Reports. | |
Appeal of Certain CEQA Decisions. | |
Actions on Projects. | |
Additional Environmental Review. | |
Evaluation of Modified Projects. | |
Multiple Actions on Projects. | |
Upon receiving an environmental evaluation application for a project; upon referral of a project by the board, commission or department that is to carry out or approve the project; or through such other process for rendering an exemption determination as the Environmental Review Officer shall authorize, the Environmental Review Officer shall determine whether such project is exempt from environmental review. For all projects that are not exempt from CEQA, prior to the City's decision as to whether to carry out or approve the project, the Environmental Review Officer shall conduct an initial study to establish whether a negative declaration or an environmental impact report is required. In the event it is clear at the outset that an environmental impact report is required, the Environmental Review Officer may make an immediate determination and dispense with the initial study.
(a) Each environmental evaluation application or referral shall include a project description using as its base the environmental information form set forth as Appendix H of the CEQA Guidelines, which form shall be supplemented to require additional data and information applicable to a project's effects, including consistency with the environmental issues included in the Eight Priority Policies set forth in Section 101.1 of the Planning Code and incorporated into the General Plan; shadow impacts, including the analysis set forth in Planning Code Section 295; and such other data and information specific to the urban environment of San Francisco or to the specific project. Each environmental evaluation application or referral shall be certified as true and correct by the applicant or referring board, commission or department. Each initial study shall include an identification of the environmental effects of a project using as its base the environmental checklist form set forth in Appendix G of the CEQA Guidelines and addressing each of the questions from the checklist form that are relevant to a project's environmental effects; provided that the checklist form shall be supplemented to address additional environmental effects, including consistency with the environmental issues included in the Eight Priority Policies set forth in Section 101.1 of the Planning Code and incorporated into the General Plan, shadow impacts, including the analysis set forth in Planning Code Section 295, and such other environmental effects specific to the urban environment of San Francisco or to the specific project.
(b) The initial study shall provide data and analysis regarding the potential for the project to have a significant effect on the environment. The basic criteria for determination of significant effect shall be consistent with the provisions set forth in CEQA.
(c) The applicant or the board, commission or department that is to carry out or approve the project shall submit to the Environmental Review Officer such data and information as may be necessary for the initial study. If such data and information are not submitted, the Environmental Review Officer may suspend work on the initial evaluation.
(d) During preparation of the initial study, the Environmental Review Officer may consult with any person having knowledge or interest concerning the project. In cases in which the project is to be carried out or approved by more than one government agency and the City is the lead agency, the Environmental Review Officer shall solicit input from all other government agencies that are to carry out or approve the project.
(e) If a project is subject to CEQA and the National Environmental Policy Act, an initial evaluation prepared pursuant to the National Environmental Policy Act may be used to satisfy the requirements of this Section.
(f) In accordance with CEQA, Public Resources Code Sections 21080(c) and 21080(d), based on the analysis and conclusions in the initial study, the Environmental Review Officer shall determine whether there is substantial evidence to support a "fair argument" that the project may have a significant effect on the environment and an environmental impact report is required, or whether a project could not have a significant effect on the environment and a negative declaration is required.
(a) When the Environmental Review Officer determines that a negative declaration or a mitigated negative declaration is the appropriate level of environmental review required by CEQA, such determination shall be prepared by or at the direction of the Environmental Review Officer. Unless otherwise specifically stated, reference in this Chapter 31 to "negative declaration" shall collectively refer to a negative declaration and a mitigated negative declaration. The negative declaration shall include the information required by CEQA and in any event shall describe the project proposed, include the location of the property, preferably shown on a map, and the name of the project proponent, state the proposed finding that the project could not have a significant effect on the environment, and have attached to it a copy of the initial study documenting reasons to support that finding. The negative declaration shall also indicate mitigation measures, if any, included in the project to avoid potentially significant effects.
(b) The Environmental Review Officer shall first prepare a negative declaration on a preliminary basis, and shall post a copy of the proposed negative declaration in the offices of the Planning Department and on the Planning Department website.
(c) The Environmental Review Officer shall provide a notice of intent to adopt a negative declaration ("notice of intent") to those persons required by CEQA. In each instance, the Environmental Review Officer shall provide notice by:
(1) Mail to the applicant and the board(s), commission(s) or department(s) that will carry out or approve the project.
(2) Publication in a newspaper of general circulation in the City.
(3) Posting in the offices of the Planning Department.
(4) Posting on the subject site. The Planning Department shall develop guidance on the requirements for posting to assure that posters are visible from the closest public street or other public space.
(5) Mail to the owners of all real property, and to the extent practicable, the residential occupants, within the area that is the subject of the negative declaration and within 300 feet of all exterior boundaries of such area, and by mail to all organizations and individuals who have previously requested such notice in writing, sufficiently prior to adoption of the negative declaration to allow the public and agencies a review period of not less than 20 days, or 30 days if a 30-day circulation period is required by CEQA. In the case of City-sponsored projects that involve rezonings, Area Plans or General Plan amendments and are either citywide in scope or the total area of land that is part of the project, excluding the area of public streets and alleys, is 20 acres or more, the Environmental Review Officer shall provide notice by mail to the owners, and to the extent practicable, the residential occupants, within the exterior boundaries of the project area, and to all organizations and individuals who previously requested such notice in writing.
(d) The notice of intent shall specify the period during which comments are to be received, the date, time and place of any public hearings on the project when known to the Planning Department at the time of the notice, a brief description of the project and its location, the address where copies of the negative declaration and all documents referenced in the negative declaration are available for review, and the Planning Department staff contact. The notice of intent shall include a statement that no appeal of the negative declaration to the Board of Supervisors under Section 31.16 of this Chapter will be permitted unless the appellant first files an appeal of the preliminary negative declaration to the Planning Commission, and any other information as required by CEQA.
(e) Within 20 days, or 30 days if required by CEQA, following the publication of the notice of intent, any person may appeal the proposed negative declaration to the Planning Commission, specifying the grounds for such appeal, or submit comments on the proposed negative declaration.
(f) The Planning Commission shall schedule a public hearing on any such appeal within not less than 14 nor more than 30 days after the close of the appeal period. Notice of such hearing shall be posted in the offices of the Planning Department and on the Planning Department website, and shall be mailed to the appellant, to the applicant, to the board(s), commission(s) or department(s) that will carry out or approve the project, to any individual or organization that has submitted comments on the proposed negative declaration, and to any other individuals or organizations that previously have requested such notice in writing.
(g) After holding such hearing the Planning Commission shall affirm the proposed negative declaration if it finds that the project could not have a significant effect on the environment, may refer the proposed negative declaration back to the Planning Department for specified revisions, or shall overrule the proposed negative declaration and order preparation of an environmental impact report if it finds substantial evidence to support a fair argument that the project may have a significant effect on the environment.
(h) If the proposed negative declaration is not appealed as provided herein, or if it is affirmed on appeal, the negative declaration shall be considered final, subject to any necessary modifications. Thereafter, the first City decision-making body to act on approval of the project shall review and consider the information contained in the final negative declaration, together with any comments received during the public review process, and, upon making the findings as required by CEQA, shall adopt the negative declaration, prior to approving the project. A public notice of the proposed action to adopt the negative declaration and take the Approval Action for the project shall advise the public of its appeal rights to the Board of Supervisors with respect to the negative declaration following the Approval Action in reliance on the negative declaration and within the time frame specified in Section 31.16 of this Chapter. All decision-making bodies shall review and consider the negative declaration and make findings as required by CEQA prior to approving the project.
(i) At the time the City adopts a mitigated negative declaration, the decision-making body shall also adopt a program for reporting on or monitoring the mitigation measures for the project that it has either required or made a condition of approval to mitigate or avoid significant environmental effects.
(j) After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures, and upon the payment of required fees by the project sponsor, the Environmental Review Officer shall file a notice of determination with the county clerk in the county or counties in which the project is to be located. If required by CEQA, the notice of determination shall also be filed with the California Office of Planning and Research. When the Environmental Review Officer files a notice of determination with the county clerk or the California Office of Planning and Research or both, the Planning Department also shall post a copy of the notice of determination in the offices of the Planning Department and on the Planning Department website, and mail a copy of the notice of determination to any organizations and individuals who previously have requested such notice in writing.
(Former Sec. 31.11 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
When the Environmental Review Officer determines that an environmental impact report is required by CEQA, the Environmental Review Officer shall distribute a notice of preparation in the manner and containing the information required by CEQA and provide such other notice as required by CEQA. In addition, the Environmental Review Officer shall prepare a notice advising the public of the notice of preparation and of any scheduled scoping meetings and publish the notice of preparation in a newspaper of general circulation in the City, post the notice of preparation in the offices of the Planning Department and on the Planning Department website, and mail the notice of preparation to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project and to all organizations and individuals who have previously requested such notice in writing.
(Former Sec. 31.12 amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
(a) When an environmental impact report ("EIR") is required, it shall be prepared by or at the direction of the Environmental Review Officer. The EIR shall first be prepared as a draft report.
(b) The applicant or the board, commission or department that is to carry out or approve the project shall submit to the Environmental Review Officer such data and information as may be necessary to prepare the draft EIR. If such data and information are not submitted, the Environmental Review Officer may suspend work on the draft EIR. The data and information submitted shall, if the Environmental Review Officer so requests, be in the form of all or a designated part or parts of the proposed draft EIR itself, although the Environmental Review Officer shall in any event make his or her own evaluation and analysis and exercise his or her independent judgment in preparation of the draft EIR for public review.
(c) During preparation of the draft EIR, the Environmental Review Officer may consult with any person having knowledge or interest concerning the project. If he/she has not already done so in accordance with Section 31.10 above, in cases in which the project is to be carried out or approved by more than one public agency, the Environmental Review Officer shall consult with all other public agencies that are to carry out or approve the project.
(d) When the draft EIR has been prepared, the Environmental Review Officer shall file a notice of completion of such draft with the California Office of Planning and Research as required by CEQA and make the draft EIR available through the State Clearinghouse if and as required by the California Office of Planning and Research.
(Former Sec. 31.13 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
(a) The Environmental Review Officer shall provide public notice of the availability of the draft EIR and schedule a public hearing on the draft EIR with the Planning Commission. The Environmental Review Officer shall provide the notice of availability at the same time that the notice of completion is filed as required by CEQA. The notice of availability shall be distributed at least 30 days prior to the scheduled public hearing on the draft EIR. The Environmental Review Officer shall distribute the notice of availability in the manner required by CEQA and in each instance shall:
(1) Send the notice to any public agencies that CEQA requires the lead agency to consult with and request comments from on the draft EIR, and may send copies of the draft EIR to and consult with other persons with special expertise with respect to any environmental impact involved.
(A) In sending such notices and copies of the draft EIR, the Environmental Review Officer shall request comments on the draft EIR from such agencies and persons, with particular focus upon the sufficiency of the draft EIR in discussing possible effects on the environment, ways in which adverse effects may be minimized, and alternatives to the project.
(B) For the types of projects set forth in Sections 31.08(e)(3)(A) and 31.08(e)(3)(B) of this Chapter 31, and for any other projects that may be subject to the approval of the Historic Preservation Commission, the Environmental Review Officer shall send a copy of the draft EIR to the Historic Preservation Commission and obtain any comments that the Historic Preservation Commission has on the draft EIR at a noticed public meeting. The Planning Department shall schedule the public meeting at least seven days prior to any Planning Commission hearing on the draft EIR. But, if the calendars of the two commissions do not allow such scheduling without extending the noticed public comment period, the Planning Department shall schedule the public meeting as far in advance of the Planning Commission hearing as possible, consistent with not extending the public comment period.
(2) Post the notice in the offices of the Planning Department and on the Planning Department website.
(3) Post on the subject site. The Planning Department shall develop guidance on the requirements for posting to assure that posters are visible from the closest public street or other public space.
(4) Publish the notice in a newspaper of general circulation in the City.
(5) Mail the notice to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project, and to any individuals or organizations that previously have requested such notice in writing.
(6) Mail the notice to the owners of all real property, and to the extent practicable, the residential occupants, within the area that is the subject of the environmental impact report and within 300 feet of all exterior boundaries of such area. In the case of City-sponsored projects that involve rezonings, area plans or General Plan amendments and are either citywide in scope or the total area of land that is part of the project, excluding the area of public streets and alleys, is 20 acres or more, the Environmental Review Officer shall provide notice by mail to the owners and, to the extent practicable, the residential occupants within the exterior boundaries of the project area, and to all organizations and individuals who previously requested such notice in writing.
(b) The notice of availability shall contain the information required by CEQA and in each instance shall:
(1) State the starting and ending dates for the draft EIR review period during which the Environmental Review Officer will receive comments and if comments are not returned within that time it shall be assumed that the agency or person has no comment to make. The public review period shall not be less than 30 days nor more than 60 days except under unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse. The Planning Commission or the Environmental Review Officer may, upon the request of an agency or person with special expertise from whom comments are sought, grant an extension of time beyond the original period for comments, but such extension shall not prevent with the holding of any hearing on the draft EIR for which notice has already been given.
(2) State the time, place and date of the scheduled Planning Commission hearing on the draft EIR and all hearings at which the Environmental Review Officer will take testimony.
(3) State that only commenters on the Draft EIR will be permitted to file an appeal of the certification of the Final EIR to the Board of Supervisors under Section 31.16 of this Chapter.
(c) The Planning Department shall make the draft EIR available to the public upon the date of the notice of availability. The Planning Department shall post a copy of the draft EIR on the Planning Department website and provide a copy of the draft EIR to the applicant and to such board(s), commission(s) or department(s) and to any organizations or individuals who previously have requested a copy in writing, in electronic form on a text searchable digital storage device or by text searchable electronic mail transmission when an email address is provided, unless a printed hard copy is specifically requested.
(d) Public participation, both formal and informal, shall be encouraged at all stages of review, and written comments shall be accepted at any time up to the conclusion of the public comment period. The Environmental Review Officer may give public notice at any formal stage of the review process, beyond the notices required by this Chapter 31 and CEQA, in any manner the Environmental Review Officer may deem appropriate.
(e) The Planning Commission shall hold a public hearing on every draft EIR during the public comment period. The Environmental Review Officer may, upon delegation by the Planning Commission, take testimony at supplemental public hearing(s) on draft EIRs, in addition to, and not in lieu of, the hearing conducted by the Planning Commission, and shall report to and make all testimony received by the Environmental Review Officer available to the Planning Commission at a public hearing.
(f) To the extent practicable, any comments already received from any agency, organization or individual shall be available at the public hearing.
(Former Sec. 31.14 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
(a) A final EIR shall be prepared by, or at the direction of, the Environmental Review Officer, based upon the draft EIR, the consultations and comments received during the review process, and additional information that may become available. Not less than 10 days prior to the Planning Commission hearing to consider certification of the final EIR, the final EIR shall be made available to the public and to any board(s), commission(s) or department(s) that will carry out or approve the project.
(b) The final EIR shall include a list of agencies and persons consulted, the comments received, either verbatim or in summary, and a response to any comments that raise significant points concerning effects on the environment. The response to comments may take the form of revisions within the draft EIR, or by adding a separate section in the final EIR, or by providing an explanation in response to the comment.
(c) An administrative record of proceedings shall be kept of each case in which an EIR is prepared, including all comments received in writing in addition to a record of the public hearing. The final EIR shall indicate the location of such record. The Environmental Review Officer shall cause the hearing on the draft EIR to be recorded by a phonographic reporter and transcribed and retained as part of the administrative record. Any separate or additional transcription of a hearing record shall be at the expense of the person requesting such transcription.
(d) When the final EIR has been prepared and in the judgment of the Planning Commission it is adequate, accurate and objective, reflecting the independent judgment and analysis of the Planning Commission, the Planning Commission shall certify its completion in compliance with CEQA. The notice of the Planning Commission hearing on the certification of the final EIR shall inform the public of its appeal rights to the Board of Supervisors with respect to the final EIR within the time frame specified in Section 31.16 of this Chapter. The certification of completion shall contain a finding as to whether the project as proposed will, or will not, have a significant effect on the environment.
(e) After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures and upon the payment of required fees by the project sponsor, the Environmental Review Officer shall file a notice of determination with the county clerk in the county or counties in which the project is to be located. If required by CEQA, the notice of determination shall also be filed with the California Office of Planning and Research. The Environmental Review Officer shall also post the notice of determination in the offices of the Planning Department and on the Planning Department website, and mail a copy to any organizations and individuals who previously have requested such notice in writing.
(Former Sec. 31.15 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
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