03/10/2013
- In November and December 2012, Supervisor Scott Wiener attempted to use the distraction of election and holiday time to sneak through legislation that would drastically weaken the public's ability to use the California Environmental Quality Act (CEQA) to protect the environment and our community from harmful developer projects. In preparing his legislation, Supervisor Wiener made almost no contact whatsoever with the city's environmental, social justice, neighborhood, historic preservation, and parks preservation organizations (which deeply depend on CEQA to do their important work) and these groups rose up to oppose his destructive legislation.
- On November, 29, 2012, the Planning Commission unanimously recommended to Supervisor Wiener that he meet with these community opponents to the first and second drafts of his CEQA legislation, and to then introduce an AMENDED text which reflects feedback from these community organizations.
- After three so-called 'roundtable discussions' with Supervisor Wiener, Planning Staff, and City Attorney Elaine Warren, no substantial changes AT ALL have been made in this legislation to address the many serious problems that we have clearly documented both to them and to the Planning Commission. We therefore call on the Commission to recommend a 'NO' vote on Supervisor Wiener's legislation to the Board of Supervisors. Community requirements which have still not been met are:
- There must be no 'First Approval' trigger of the appeals clock. This is far too early in the process to enable sufficient examination and understanding of projects. While a more clear trigger is reasonable, that trigger should be the final approval that a project as a whole receives from the Planning Commission or the Board of Supervisors (whichever body takes that final action). Where the final approval is also a first approval, we must ensure more robust noticing so that no environmental review falls under the radar.
- All sections which would allow the Board of Supervisors to avoid a formal legal appeal hearing before the full Board are unacceptable. All appeals must be heard at a full, formal, Board appeal hearing, without exception. Currently, any CEQA determination provided by the City may be formally appealed to the Board of Supervisors. Under the Amendments, this formal appeal process is eliminated if the Board of Supervisors must approve any aspect of a project.
- There must be no elimination of the “Fair Argument” standard. State law codifies that an Environmental Impact Report (EIR) is warranted if here is “substantial evidence which supports a fair argument” that a project may significantly negatively impact the environment. Supervisor Wiener’s legislation cuts out the words “which supports a fair argument” setting a much tougher test for triggering Environmental Impact Reports. The coalition insists on retaining the current local wording, which simply states “fair argument” on its own.