ARTICLE III: EVALUATIONS

Sec. 31.09.	Determination of Need for Evaluation.
Sec. 31.10.	Initial Evaluation of Projects.
Sec. 31.11.	Negative Declarations or Mitigated Negative Declarations.
Sec. 31.12.	Determinations that Environmental Impact Reports are Required.
Sec. 31.13.	Draft Environmental Impact Reports.
Sec. 31.14.	Consultations and Comments.
Sec. 31.15.	Final Environmental Impact Reports.
Sec. 31.16.	Appeal of Certain CEQA Decisions.
Sec. 31.17.	Actions on Projects.
Sec. 31.18.	Additional Environmental Review.
Sec. 31.19.	Evaluation of Modified Projects.
Sec. 31.20.	Multiple Actions on Projects.

 

SEC. 31.09. DETERMINATION OF NEED FOR EVALUATION.

   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.

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

SEC. 31.10. INITIAL EVALUATION OF PROJECTS.

   (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.

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 116-06, File No. 060224, App. 6/1/2006; Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

SEC. 31.11. NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE DECLARATIONS.

   (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.

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

(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)

SEC. 31.12. DETERMINATIONS THAT ENVIRONMENTAL IMPACT REPORTS ARE REQUIRED.

   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.

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

(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)

SEC. 31.13. DRAFT ENVIRONMENTAL IMPACT REPORTS.

   (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.

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])

(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)