Board approves measure narrowing appeals process for CEQA exemptions; ordinance clears unanimously

The San Francisco Board of Supervisors voted unanimously on the ordinance to amend city procedures for California Environmental Quality Act (CEQA) exemptions, adding a public appeal to the Environmental Review Officer (ERO) when a previously exempt project is modified. The change was described by Supervisor Kim as the final piece of a negotiated compromise intended to bring more transparency to how exemption modifications are handled.

The action amends Chapter 31 of the Administrative Code to codify procedures for appeals of exemptions and negative declarations, revise noticing requirements for plan-area projects exceeding 20 acres, and expand noticing for certain exempt projects. Supervisor Kim, who sponsored the measure, said the new process allows members of the public to ask the ERO to reconsider whether a modification still fits the original exemption and to present information at a public hearing.

Supporters said the change balances the public’s interest in oversight with the need to avoid repeated, small appeals that would unduly delay projects. Supervisor Meir (as recorded) said he would support the measure although he did not see it as strictly necessary; he also praised clarifying amendments made in committee that narrowed the potential for repeated appeals on minor modifications. The Board took a roll call; the ordinance passed 11–0.

The ordinance was paired with a related administrative-code change (item 65) on first reading that was also passed by the Board. Sponsors said they expect the package to reduce “secret process” exemptions while preserving a mechanism to prevent undue slowing of approved projects.